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  5. 46 N.Y.2d 871 (1979)
 

MATTER OF GRANICH

46 N.Y.2d 871 (1979)

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

Court of Appeals of the State of New York.

Decided February 8, 1979.

Attorney(s) appearing for the Case

George W. Moehlenhof of the Illinois Bar, admitted on motion, pro hac vice, for appellant.

John Filippone, Jr., for claimant-respondent.

Robert Abrams, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz, Murray Sylvester and Frederick M. Paola of counsel), for Philip Ross, as Industrial Commissioner, respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

There is substantial evidence in the record to sustain the determination of the Unemployment Insurance Appeal Board, and its determination is not erroneous as a matter of law. The proof submitted supports the conclusion that the weeks during the company layoff in the last months of 1975 unilaterally and arbitrarily allotted by the employer...

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