In re Claim of Sherwin — 48 A.D.2d 733

Majority

p. 733

In the Matter of the Claim of Harriet Sherwin, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 18, 1974. The sole issue raised on this appeal is whether or not a nursery school is an "institution of education” within the meaning of subdivision 10 of section 590 of the Labor Law. In Matter of Nierenberg (Levine) ( 48 AD2d 729 ; see, also, Matter of Klein [Levine], 42 AD2d 640 ), we held that a nursery school is an institution of education. Decision reversed, without costs, and matter remitted for further proceedings not inconsistent herewith. Greenblott, J. P., Sweeney, Kane, Main and Larkin, JJ., concur.

Cases cited

In re the Claim of Klein 42 AD2d 640 N.Y. App. Div. 1973-06-25 p. 733