New York Court of Appeals, 1977

In re the Claim of Berger

New York Court of Appeals · Decided May 3, 1977

41 N.Y.2d 1065; 41 N.Y. 1065; 364 N.E.2d 848; 396 N.Y.S.2d 184; 1977 N.Y. LEXIS 2062

Cases that cite this one

7 later published cases cite this decision.

Hock v. Commonwealth (Pa. Commw. Ct. 1980)
Gonzalez v. Progressive Tool & Die Co. (District Court, E.D. New York 1978)
In re the Claim of Jowers (Appellate Division of the Supreme Court of New York 1997)
In re the Claim of Fuchs (Appellate Division of the Supreme Court of New York 1991)
Lottman v. Piper Industries, Inc. (District Court, N.D. New York 1989)
In re the Claim of Rappaport (Appellate Division of the Supreme Court of New York 1988)
In re the Claim of Pappas (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated. The board’s determination that the employer-employee relationship continued until the claimant exhausted all of his leave credits was rational and should not be disturbed (Matter of Fisher [Levine], 36 NY2d 146, 150, 153).

Concur: Chief Judge Breitel and Judges Jasen, Jones, Wachtler and Fuchsberg. Judges Gabrielli and Cooke dissent and vote to affirm on the memorandum at the Appellate Division (53 AD2d 730).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.