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In re the Claim of Curran

41 N.Y. 856 Court N.Y. Decision date 1977-02-15 English

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p. 856
In the Matter of the Claim of Mary E. Curran, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.
Submitted January 7, 1977;
decided February 15, 1977
p. 857
Guy W. Germano, John E. Kirklin, Kalman Finkel, Bernard C. Durham and Virginia C. Duncombe for appellant.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Irving Jorrisch of counsel), for respondent.

Order reversed, with costs, decision of the Unemployment Insurance Appeal Board annulled, and the matter remitted to the Appellate Division, Third Department, with directions to remand for allowance of the claim for the reasons stated in the dissenting memorandum by Mr. Justice Michael E. Sweeney at the Appellate Division ( 50 AD2d 681 ).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.