MATTER OF TUCKER


8 N.Y.2d 1145 (1960)

In the Matter of the Claim of Judy Tucker, Appellant. Isador Lubin, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Reargued November 29, 1960.

Decided December 1, 1960.


Attorney(s) appearing for the Case

Arthur Kamell and George A. Nicolaw for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel Stern and Harold F. Lee of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and NOLAN. Judge BURKE dissents in an opinion, in which Judges FROESSEL and VAN VOORHIS concur.


Upon reargument: Order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated upon the ground that there was adequate support in the record for the board's finding that claimant was not reasonably fitted by training and experience to take a position as typist (Labor Law, § 591, subd. 2; Matter of Burger [Corsi], 303 N.Y. 654).

BURKE, J. (dissenting).

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