In re Murphy

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed July 26, 1974, which reversed a referee’s decision and sustained the respondent’s initial determination that the claimant was disqualified from benefits on the ground that he voluntarily left his employment without good cause by provoking his discharge. The doctrine of provoked discharge was narrowly limited by the Court of Appeals in Matter of James (Levine) (34 NY2d 491). The decision herein being reviewed was handed down by the board some two weeks thereafter. At the hearing held before a referee in…