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MTR. OF RODRIGUEZ (PRESBYT. HOSP. — LEVINE)

32 N.Y.2d 577 (1973)

In the Matter of the Claim of Felix Rodriguez, Respondent. Presbyterian Hospital in the City of New York, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Albert X. Bader, Jr. and John W. Ohlweiler for appellant.

Stephen D. Smyk for Felix Rodriguez, respondent.

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

Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.

Chief Judge FULD.

Several years ago, the court held that participation by employees in a strike in violation of a "no-strike" clause contained in their collective bargaining agreement with their employer did not constitute misconduct within the meaning of subdivision 3 of section 593 of the Unemployment Insurance Law (Labor Law, art. 18) so as to deprive them of unemployment insurance benefits. (Matter of...

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