Appellate Division of the Supreme Court of New York, 1975

In re Claim of Sherwin

In re Claim of Sherwin
Appellate Division of the Supreme Court of New York · Decided May 15, 1975
48 A.D.2d 733; 367 N.Y.S.2d 868; 1975 N.Y. App. Div. LEXIS 9805
In re Claim of Sherwin

Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 18, 1974. The sole issue raised on this appeal is whether or not a nursery school is an "institution of education” within the meaning of subdivision 10 of section 590 of the Labor Law. In Matter of Nierenberg (Levine) (48 AD2d 729; see, also, Matter of Klein [Levine], 42 AD2d 640), we held that a nursery school is an institution of education. Decision reversed, without costs, and matter remitted for further proceedings not inconsistent herewith. Greenblott, J. P., Sweeney, Kane, Main and Larkin, JJ., concur.

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