MATTER OF LYNCH


44 A.D.2d 866 (1974)

In the Matter of Richard S. Lynch, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

May 9, 1974


Claimant was employed as a brick layer until July 10, 1971 when he was laid off. The referee found that the layoff resulted because the hoisting engineer employed by claimant's employer participated in a strike by the Operating Engineers Union. This made it impossible to take bricks to the upper floors of the building on which the brick layers had been working. The law is well settled that the fact that claimant himself was not a participant in the strike does not relieve...

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