In re the Claim of Polan — 13 A.D.2d 870

Majority

p. 870

In the Matter of the Claim of Lillian Polan, Respondent, J. W. Mays, Inc., Appellant; Martin P. Catherwood, as Industrial Commissioner, Respondent.

Appeal by an employer from a decision of the Unemployment Insurance Appeal Board which held claimant eligible to receive benefits without disqualifying conditions. The issue is identical with that presented in Matter of Sellers [Oatherwood] ( 13 A D 2d 204 ) which mandates reversal of the board’s decision in this ease. Decision reversed, with costs - to appellant against respondent Commissioner. Bergan, P. J., Coon, Herlihy and Reynolds, JJ., concur.

Cases cited

In re Sellers 13 A D 2d 204 N.Y. App. Div. 1961-05-23 p. 870