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MTR. OF RESNICK, INC. (CATHERWOOD)

32 A.D.2d 348 (1969)

In the Matter of Julius Resnick, Inc., Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

July 1, 1969.

Attorney(s) appearing for the Case

Shapiro & Alter (Stanley Alter of counsel), for appellant.

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

GIBSON, P. J., REYNOLDS, COOKE and GREENBLOTT, JJ., concur.

HERLIHY, J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board which determined that benefit payments should be charged to the employer's account.

During the New York City subway strike of 1966 the employer-appellant Resnick kept its manufacturing business open at all times. However, several employees did not report to work and, after the Governor waived the four-day waiting period pursuant to section 590 of the Labor...

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