MATTER OF CAPORALE v. DEPT. OF TAXATION


2 A.D.2d 91 (1956)

In the Matter of the Claim of Mabel S. Caporale, Respondent, v. State Department of Taxation & Finance et al., Appellants. Workmen's Compensation Board, Respondent

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

July 9, 1956.


Attorney(s) appearing for the Case

Victor Fiddler, Bernard Katzen and George J. Hayes for appellants.

Jacob K. Javits, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

L. Minore for claimant-respondent.

FOSTER, P. J., COON and GIBSON, JJ., concur; HALPERN, J., dissents and votes to reverse upon the authority of Matter of Jamison v. New York State Temporary Comm. on Agriculture ().


BERGAN, J.

Claimant is a stenographer and secretary in the State Department of Taxation and Finance in New York City. She was allowed a three-quarter hour lunch period and required to punch a card in and out at her lunch period. Her superior testified it was customary with him that she be excused to go out for a cup of coffee "from time to time"; claimant testified her superior "had always asked me to do that" when her regular lunch hour was shortened...

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