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MATTER OF HORVAT

300 N.Y. 704 (1950)

In the Matter of the Claim of Viola Horvat, Respondent. Edward Corsi, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided March 3, 1950

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Francis R. Curran and Wendell P. Brown of counsel); for appellant.

No appearance for respondent.

Concur: LOUGHRAN, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ.; LEWIS and CONWAY, JJ., dissent in opinion by CONWAY, J., from the affirmance of the order and vote to remit the matter to the Unemployment Insurance Appeal Board.

Order affirmed, without costs.

CONWAY, J. (dissenting).

The Industrial Commissioner has been granted leave to appeal to this court from an order of the Appellate Division which affirmed a decision of the Unemployment Insurance Appeal Board which had modified a decision of an unemployment insurance referee, which in turn had sustained a determination made by an insurance manager acting for the Industrial Commissioner, affecting one Horvat, a claimant...

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