MATTER OF TOSTO


249 A.D.2d 672 (1998)

671 N.Y.S.2d 171

In the Matter of the Claim of John L. Tosto, Appellant. Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 9, 1998


Claimant's employment as an armed security guard assigned to the day shift was terminated under nondisqualifying conditions. Claimant refused the employer's subsequent offer for a security guard position on the 4:00 P.M. to 12:00 A.M. shift because he was afraid to return home late at night due to the fact that he had been mugged and beaten 11 years earlier. Substantial evidence supports the decision of the Unemployment Insurance...

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