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MTR. OF LIPSKY (LEVINE)

44 A.D.2d 95 (1974)

In the Matter of the Claim of Cornelius Lipsky, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant

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

March 28, 1974.

Attorney(s) appearing for the Case

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

Stephen D. Smyk for respondent.

COOKE, SWEENEY and KANE, JJ., concur with MAIN, J.; HERLIHY, P. J., dissents and votes to affirm in a separate opinion.

MAIN, J.

This is an appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board, filed February 16, 1972, which ruled that claimant's benefit rate should not be reduced, pursuant to section 600 of the Labor Law.

Claimant had worked as a general office clerk for Burnham & Company for 18 years when, on May 29, 1970, his employment was terminated. Shortly thereafter...

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