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MATTER OF BRIGHTWATERS RACQUET & SPA, INC.

172 A.D.2d 954 (1991)

In the Matter of Brightwaters Racquet & Spa, Inc., Respondent. Thomas F. Hartnett, as Commissioner of Labor, Appellant

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

April 11, 1991

Mikoll, J.

This case brings on for review the Unemployment Insurance Appeal Board's decision overruling the Commissioner of Labor and holding that there should not be a transfer of the experience rating account of Eastern Racquet Sports Holding Company (hereinafter ERS) to Brightwaters Racquet & Spa, Inc. (hereinafter BRS) pursuant to Labor Law § 581 (4). The Board concluded that from April 1, 1984 to August 31, 1984 BRS merely managed the facility...

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