MATTER OF SMITH (CATHERWOOD)


26 A.D.2d 459 (1966)

In the Matter of Arlene L. Smith, Doing Business as Arlene Louise Studio, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 15, 1966.


Attorney(s) appearing for the Case

A. Harvey Radden for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Irving Jorrisch and Samuel Stern of counsel), for respondent.

GIBSON, P. J., HERLIHY, AULISI and STALEY, JR., JJ., concur.


REYNOLDS, J.

This is an appeal by the employer from a decision of the Unemployment Insurance Appeal Board holding her liable for unemployment contributions pursuant to the then applicable provision of section 560 of the Labor Law.

The question presented here is whether the board could properly find that appellant, the operator of a photography studio, had two or more employees between April 17, 1957 and...

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