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MATTER OF ERWICH

279 A.D. 947 (1952)

In the Matter of David Erwich et al., Copartners Doing Business as Park Row Bowling Academy, Appellants. Edward Corsi, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.

The tips involved were paid by patrons to the employer and subsequently turned over to the pin boys at the end of each working day. There is a rule, promulgated by the Industrial Commissioner, that the value of tips received by a pin boy shall be equal to the amount certified by him in a signed statement to his employer. In the absence of such a statement such value shall be equal to two cents a game (Rules of Industrial Commissioner, rule 10; N. Y. Official Compilation of...

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