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MTR. OF CAPPELLI v. SWEENEY

167 Misc.2d 220 (1995)

634 N.Y.S.2d 619

In the Matter of Allen P. Cappelli, as Chairman of the New York State Unemployment Insurance Appeals Board, et al., Petitioners, v. John Sweeney, as Commissioner of the New York State Department of Labor, et al., Respondents.

Supreme Court, Kings County.

June 29, 1995

Attorney(s) appearing for the Case

Davis & Eisenberg, New York City (Carol L. Gerstl of counsel), for petitioners. Dennis C. Vacco, Attorney-General, New York City (Harvey Golubock, M. Patricia Smith and Anne L. Buckborough of counsel), for respondents.

CAROLYN E. DEMAREST, J.

Petitioners in this hybrid CPLR article 78 proceeding/declaratory judgment action are members of the New York State Unemployment Insurance Appeals Board (the Board), a five-member entity within the State Labor Department created originally by Laws of 1935 (ch 468, § 1) and continued, as modified, in Labor Law § 534. All three petitioners were appointed on December 29, 1994...

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