MATTER OF PEREZ (GEN. MOTORS)


64 A.D.2d 191 (1978)

In the Matter of the Claim of Angel Perez et al., Appellants. General Motors Corporation, Respondent; Philip Ross, as Industrial Commissioner, Respondent

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

October 26, 1978


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Richard Lipsitz of counsel), for appellants.

John J. Higgins (M. Alice McCann of counsel), for General Motors Corporation, respondent.

Louis J. Lefkowitz, Attorney-General (Grace A. Brannigan, Samuel A. Hirshowitz and Murray Sylvester of counsel), for Industrial Commissioner, respondent.

GREENBLOTT, J. P., KANE and MAIN, JJ., concur; LARKIN, J., dissents and votes to affirm.


MIKOLL, J.

The board adopted the following findings of fact: "Claimants worked for a large automobile manufacturer located in Tarry-town, New York. The plant was open and work was available to all employees on January 28, 1977. On January 29, 1977 the public utility, which supplied natural gas to the plant, informed the employer that it would be unable to supply said natural gas to the plant for the week commencing...

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