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MTR. OF ROSEDALE NURSERIES (LEVINE)

40 A.D.2d 320 (1973)

In the Matter of the Claim of Rosedale Nurseries, Inc., Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

January 25, 1973.

Attorney(s) appearing for the Case

Dublirer, Hardon & Staraci (Harold Dublirer of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Frederick M. Paola of counsel), for respondent.

HERLIHY, P. J., COOKE, KANE and REYNOLDS, JJ., concur.

STALEY, JR., J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board, filed June 15, 1971, which determined that appellant was subject to the Unemployment Insurance Law and liable for contributions effective January 1, 1967.

The employer is the largest retail nursery in the East, and occupies three locations having a total of more than 300 acres of land. In conjunction with its business, the employer also conducts a landscaping...

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