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  5. 7 N.Y.2d 96 (1959)
 

MATTER OF FLO v. GEN. ELEC. CO.

7 N.Y.2d 96 (1959)

In the Matter of the Claim of Freda A. Flo, Claimant, v. General Electric Company et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel Polansky, Paxton Blair and Roy Wiedersum of counsel), for Workmen's Compensation Board, appellant.

Lewis C. Ryan, William H. Barnes and John F. Gates for respondents.

Chief Judge CONWAY and Judges DESMOND, FULD, FROESSEL and BURKE concur with Judge DYE; Judge VAN VOORHIS dissents and votes to affirm.

DYE, J.

The dispositive question on this appeal is whether or not a female employee who is on maternity leave is "in employment" within the meaning of the term "in employment", as set forth in section 203 of the New York State Disability Benefits Law (Workmen's Compensation Law, art. 9).

It is undisputed that the claimant, a married woman, had been in the employ of the General Electric Company for more...

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