Legal Opinion · Dissent

In re the Claim of Denzel

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1983Published

1Dissent

Casey and Mikoll,

dissent and vote to affirm in the following memorandum by Casey, J. Casey, J. (dissenting). What constitutes good cause for a claimant to refuse alternative employment for which he or she is qualified is a factual question for the board, and if supported by substantial evidence in the record, its decision must be affirmed (Matter of Green [.Republic Steel Corp. —Levine,], 37 NY2d 554, 559). There is evidence in the record herein that the offer of *933employment was at substantially reduced pay for more hours than claimant’s prior employment, and she would have been working a…

2Cases cited4 opinions

  1. Mtr. of Green (Republic Steel)New York Court of Appeals · 1975
  2. In re the Claim of BusAppellate Division of the Supreme Court of the State of New York · 1971
  3. In Re the Claim of BusNew York Court of Appeals · 1973
  4. In re the Claim of PankiewiczAppellate Division of the Supreme Court of the State of New York · 1983

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