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MTR. OF SITTNIEWSKI v. TWIN COACH CO.

6 A.D.2d 615 (1958)

In the Matter of the Claim of Eugene R. Sittniewski et al., Respondents. Twin Coach Company, Appellant; Isador Lubin, as Industrial Commissioner, Respondent

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

December 2, 1958.

Attorney(s) appearing for the Case

Edward D. Flaherty (John R. Davison of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General, for Industrial Commissioner, respondent.

Lipsitz & Green (Richard Lipsitz and David S. Reisman of counsel), for claimants-respondents.

Dudley, Stone & Sawyer (Horace C. Winch and James S. McAskill of counsel), for Buffalo Chamber of Commerce, amicus curiæ.

Mahlon Z. Eubank for Commerce and Industry Association of New York, Inc., amicus curiæ.

FOSTER, P. J., BERGAN, COON and HERLIHY, JJ., concur.

GIBSON, J.

An employer appeals from a decision of the Unemployment Insurance Appeal Board sustaining the rights of claimants-respondents to benefits by reason of their alleged unemployment for certain days in 1956, claimed by the employer to have constituted a period of vacation.* The employer appeals, also, from an order denying its application to the board to reopen.

The...

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