MATTER OF ROBINSON (ROSS)


45 N.Y.2d 11 (1978)

In the Matter of the Claim of George Robinson, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1978.


Attorney(s) appearing for the Case

David Raff, Joel Giller, Susan Shapiro and Scott Singer for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge FUCHSBERG dissents and votes to dismiss the appeal taken as of right, grant leave to appeal and reverse in a memorandum; and Judge COOKE dissents and votes to reverse in a separate opinion.


Per Curiam.

The claimant in this proceeding under section 624 of the Labor Law seeks unemployment benefits for a period during which he had failed to comply with the respondent's reporting requirements. Although notice of that obligation is conceded, the claimant would base a constitutional right to benefits on the respondent's failure to reiterate the continuing nature of its reporting rule at every stage of the administrative...

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