MATTER OF ROSE


36 A.D.2d 867 (1971)

In the Matter of the Claim of Edward L. Rose et al., Respondents. William C. McCombs Company, Inc., Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

April 19, 1971


The Attorney-General concedes that the board's decision contains a factual error in that it states that claimants worked as a team with various "salesman-closers who are conceded to be employees of the corporate employer" (emphasis supplied). Since this statement is not supported by any evidence in the record, and this erroneous finding may have played an important part in the board's deliberations and decision, the case must...

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