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MATTER OF FIOL (CORSI)

284 A.D. 519 (1954)

In the Matter of the Claim of Frank Fiol, Respondent. Calmar Steamship Corporation, Appellant; Edward Corsi, as Industrial Commissioner, Respondent

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

July 8, 1954.

Attorney(s) appearing for the Case

Edward C. Perkins, Ralph McAfee and Jack E. Brown for appellant.

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

Seymour W. Miller and Irving A. Logue for Seafarers International Union of North America, Atlantic and Gulf District, A. F. of L., amicus curiæ.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

This case is here for a second time. The Court of Appeals (305 N.Y. 264) reversed the decision of this court (279 App. Div. 963), which had affirmed the decision of the Unemployment Insurance Appeal Board holding that the claimant was not disqualified from receiving benefits, despite the fact that he had left his employment pursuant to a sixty-day

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