Appellate Division of the Supreme Court of New York, 1952

In re the Claim of Levy

In re the Claim of Levy
Appellate Division of the Supreme Court of New York · Decided March 12, 1952
279 A.D. 947; 201 Misc. 489
In re the Claim of Levy

Opinion of the Court

*948Foster, P. J., Heffernan, Bergan and Coon, JJ., concur; Brewster, J., dissents, in the following memorandum: By virtue of claimants-respondents’ membership in their labor union they sustained an employee relationship with the appellant employer during the periods in question. This arose under the labor agreement by certain provisions of which they became entitled to and were granted vacations with pay. During those periods claimants were not unemployed within the meaning and intent of the statute. (Labor Law, § 522; Matter of Mullen [Com], 277 App. Div. 1073.)

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