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MATTER OF GRANICH

60 A.D.2d 716 (1977)

In the Matter of the Claim of Nicholas Granich, Respondent. Marquette Cement Co., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

December 29, 1977

Decision affirmed, without costs.

No opinion.

Larkin, J. (dissenting).

I respectfully dissent. In October, 1975 when the employer shut down its Catskill plant for an indefinite period a number of employees including the claimant herein had accrued and scheduled but unused vacation time. Vacation could not be cumulative from year to year and any employee having unused vacation time at the end of the year would receive payment for that portion...

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