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MTR. OF AMER. LEGION (CATHERWOOD)

10 A.D.2d 400 (1960)

In the Matter of the Claim of American Legion, Inc., Troop 1, Post No. 665, Respondent. Martin P. Catherwood, as Industrial Commissioner, Appellant

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

May 5, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Frank E. Sacco, Paxton Blair and Samuel Stern of counsel), for appellant.

Poletti & Freidin (Emanuel L. Gordon of counsel), for the American Federation of Musicians of the United States and Canada, amicus curiæ.

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

GIBSON, J.

This is an appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board which held respondent, an alleged employer, not liable for unemployment insurance contributions on wages paid to certain musicians.

The respondent operated clubrooms for its members and on occasion engaged an orchestra pursuant to union contract on the so-called Form B contract which...

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