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  5. 42 N.Y.2d 843 (1977)
 

MATTER OF KOMINSKI

42 N.Y.2d 843 (1977)

In the Matter of the Claim of Nicholas Kominski, Respondent. Louis L. Levine, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1977.

Attorney(s) appearing for the Case

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

Anthony J. Gigliotti, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

We agree with the Appellate Division that the Unemployment Insurance Appeals Board misinterpreted and misapplied subdivision 2 of section 598 of the Labor Law (L 1972, ch 396). The statute by its terms only applies when the Secretary of Labor of the United States finds that the application of subdivision 1 (Labor Law, § 598) is in conflict with the requirements of Federal law.

The history of the statute...

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