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  5. 78 N.Y.2d 662 (1991)
 

MATTER OF KLEIN (HARTNETT)

78 N.Y.2d 662 (1991)

In the Matter of the Claim of Shirley Klein, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.

Court of Appeals of the State of New York.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Gilbert L. Offenhartz for appellant.

Robert Abrams, Attorney-General (Jane Lauer Barker, O. Peter Sherwood, Peter H. Schiff, Maryellen Weinberg and Steven Segall of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

Labor Law § 563 excludes from unemployment insurance coverage, among others, persons performing duties of a religious nature at a place of worship (Labor Law § 563 [2] [c]). The question on this appeal is whether this statutory provision violates the Establishment Clause of the First Amendment of the US Constitution, or establishes an impermissible classification in violation of the Equal...

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