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MTR. OF VAN TESLAAR (LEVINE)

41 A.D.2d 102 (1973)

In the Matter of the Claim of John Van Teslaar, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant

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

March 15, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch and Murray Sylvester of counsel), for appellant.

Cornelius D. Murray for respondent.

GREENBLOTT, SWEENEY and KANE, JJ., concur. HERLIHY, P. J., dissents and votes to affirm in a separate opinion.

STALEY, JR., J.

This is an appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board, filed March 25, 1971, which determined that claimant was entitled to unemployment insurance benefits.

Claimant, a marine engineer, belongs to a union known as the Marine Engineers Beneficial Association (MEBA), which had negotiated a collective bargaining agreement with the ship...

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