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FINKEL, NADLER & GOLDSTEIN (LEVINE)

46 A.D.2d 196 (1974)

In the Matter of Finkel, Nadler & Goldstein, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

December 12, 1974.

Attorney(s) appearing for the Case

Finkel, Nadler & Goldstein (Stanley Bierman of counsel), appellant pro se.

Louis J. Lefkowitz, Attorney-General (Iris A. Steel, Samuel A. Hirschowitz and Murray Sylvester of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.

COOKE, J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board, filed September 13, 1973, which affirmed a Referee's decision upholding experience rating charges against the account of appellant employer.

The issue raised on this appeal is whether paragraph (e) of subdivision 1 of section 581 of the Labor Law, insofar as it permits the levying of experience ratings charges against the account of an employer who is in no...

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