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MTR. OF HOWARD (LEVINE)

43 A.D.2d 52 (1973)

In the Matter of the Claim of Kathryn M. Howard, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant

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

November 29, 1973.

Attorney(s) appearing for the Case

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

Henry J. Metzner for respondent.

STALEY, JR., and SWEENEY, JJ., concur with COOKE, J.; HERLIHY, P. J., and MAIN, J., dissent and vote to affirm in an opinion by HERLIHY, P. J.

COOKE, J.

This is an appeal from a resettled decision of the Unemployment Insurance Appeal Board, filed April 28, 1972, which modified the initial determination of the Industrial Commissioner, holding claimant ineligible to receive benefits effective May 5 through May 9, 1971 because she did not comply with reporting requirements, and determined that claimant was ineligible to receive benefits effective May 5...

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