MATTER OF UTTER


52 A.D.2d 994 (1976)

In the Matter of the Claim of Gregory Utter, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

May 20, 1976


Claimant is employed by a private school for mentally retarded children and young adults. While paid an annual salary over a 12-month period, claimant is not required to work a good portion of July and August. In the summer of 1974 claimant finished his duties in early July and had a contract to return on August 21. He filed for benefits but was ruled ineligible upon a finding that he was not totally unemployed. We are concerned with but a single question. Is there substantial...

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