In Re the Claim of Berger
This text of 364 N.E.2d 848 (In Re the Claim of Berger) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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).
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Cite This Page — Counsel Stack
364 N.E.2d 848, 41 N.Y.2d 1065, 41 N.Y. 1065, 396 N.Y.S.2d 184, 1977 N.Y. LEXIS 2062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-berger-ny-1977.