MATTER OF KILLIAN (GEN. MOTORS CORP.)


89 N.Y.2d 748 (1997)

680 N.E.2d 595

658 N.Y.S.2d 222

In the Matter of the Claim of David P. Killian, Appellant. General Motors Corporation, Delco Chassis Division, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1997.


Attorney(s) appearing for the Case

Francis J. Smith, Jr., Albany, for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo (Michael R. Moravec and Sharon A. Swift of counsel), for General Motors Corporation, Delco Chassis Division, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, CIPARICK and WESLEY concur; Judge LEVINE taking no part.


SMITH, J.

The issue here is whether Labor Law § 511 (17) entitles claimant to unemployment compensation benefits following his return to school after working in a cooperative education program sponsored by his college. We conclude that he was not entitled to benefits and we affirm the order of the Appellate Division.

Claimant was enrolled as a full-time student at Clarkson University in Potsdam,...

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