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MATTER OF KLEIN

42 A.D.2d 640 (1973)

In the Matter of the Claim of Dolores T. Klein, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

June 25, 1973

Appellant was a teacher in a nursery school which operated seasonally from September to early June each year. The statute involved provides in essence that if "a claimant was employed in an instructional * * * capacity in an institution of education", his weeks of employment and the remuneration thereof shall be disregarded in determining entitlement to benefits in any week during the period between successive academic years, "provided...

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