MTR. OF COOL(ROSS)


57 A.D.2d 450 (1977)

In the Matter of the Claims of Eveleth E. Cool et al., Respondents. Philip Ross, as Industrial Commissioner, Appellant

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

June 9, 1977


Attorney(s) appearing for the Case

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

Philip D. O'Donnell for Eveleth E. Cool, respondent.

John Filipone for Floyd Slauson, Sr., respondent.

GREENBLOTT, J. P., KANE and MAIN, JJ., concur with MAHONEY, J.; SWEENEY, J., dissents and votes to affirm in an opinion.


MAHONEY, J.

Both claimants were town superintendents of highways who failed to win re-election and applied for benefits under the Special Unemployment Assistance Program. The board found claimants to be employees and therefore, eligible. These appeals ensued.

Most of the cases dealing with the issue of whether a claimant is an employee under article 18 of the Labor Law are concerned with whether the relationship is one of employee or independent...

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