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MATTER OF SLAVIN

18 A.D.2d 726 (1962)

In the Matter of the Claim of Eugene Slavin, Appellant. Ballet Russe De Monte Carlo, Inc., Respondent; Martin P. Catherwood, Industrial Commissioner, Respondent

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

December 6, 1962

Upon the prior appeal (6 A.D.2d 956), it was shown that the employer, otherwise exempt, became liable for contributions by agreement with claimant's union; and inasmuch as the record suggested the possibility that both claimant and the union knew that contributions were being made only upon that portion of the weekly payment treated as salary for income tax purposes, we remitted to permit development of the record with respect to such knowledge...

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