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MATTER OF R.S. SMERO, INC. (LEVINE)

51 A.D.2d 273 (1976)

In the Matter of R. S. Smero, Inc., Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 18, 1976

Attorney(s) appearing for the Case

King, Murphy & Fitzsimmons for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Edward R. Moss of counsel), for respondent.

KOREMAN, P. J., SWEENEY, KANE and MAHONEY, JJ., concur.

MAIN, J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board, filed September 6, 1974, which sustained the decision of a referee affirming an initial determination of the Industrial Commissioner assessing the employer $970.68 as additional contributions due from the employer for the period January 1, 1971 through September 30, 1973 by reason of moneys withdrawn by its president during...

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