In re the Claim of Goldstein — 293 N.Y. 927

Majority

p. 927

In the Matter of the Claim of Hyman Goldstein, Appellant. Michael J. Murphy, as Acting Industrial Commissioner, Respondent.

Argued November 15, 1944;

decided December 30, 1944.

p. 928

David M. Schlossberg and John J. AM for appellant.

Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Orrin G. Judd of-counsel), for .respondent.

Order of Appellate Division reversed, with costs in this court, and decision of the Unemployment Insurance Appeal Board affirmed upon the sole ground, and as a matter of law, that Monday, January 11, 1943, the date on which appellant concededly reported, was a proper date for such reporting, under Rule jU.I' 18 — 41, as contended in his behalf by his counsel and as conceded by the Attorney-General in behalf of the Commis - sioneir, who consents to this disposition of the case. We pass on nd other question. Those which were considered below were in fact not presented by the record and cannot be considered here. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thaoher, JJ.