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  5. 28 A.D.2d 256 (1967)
 

MTR. OF WALKER (READER'S DIGEST)

28 A.D.2d 256 (1967)

In the Matter of the Claims of Norma B. Walker et al., Respondents. Reader's Digest, Respondent. Martin P. Catherwood, as Industrial Commissioner, Appellant

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

November 22, 1967.

Attorney(s) appearing for the Case

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

William Barnabas McHenry for Reader's Digest, respondent.

AULISI, STALEY, JR., and GABRIELLI, JJ., concur with GIBSON, P. J.; HERLIHY, J., concurs in the result, in a memorandum.

GIBSON, P. J.

The Industrial Commissioner appeals from a decision of the Unemployment Insurance Appeal Board which, in reversing a Referee's affirmance of the Commissioner's initial determination, held claimants ineligible for unemployment insurance benefits on the ground that during the periods in question they were receiving vacation pay, rather than severance pay or dismissal payments as found by the Referee...

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