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MATTER OF MELLIS

35 A.D.2d 899 (1970)

In the Matter of the Claim of Gary Mellis, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

November 30, 1970

Claimant, a 23-year-old full-time day university student majoring in industrial psychology, was employed five nights a week from 6:00 P.M. to 2:00 A.M. or 7:00 P.M. to 3:00 A.M. as a clerk for the employer stock brokers from July 30, 1968 to January 13, 1969. The board found that under subdivision 9 of section 511 of the Labor Law claimant's work did not qualify as "employment" within the meaning of the Labor Law since claimant's primary interest was to complete his education...

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