In re the Claim of Bogdanowicz

Appellate Division of the Supreme Court of New York

In re the Claim of Bogdanowicz

9 A.D.2d 841, 192 N.Y.S.2d 803, 1959 N.Y. App. Div. LEXIS 6207

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 841 (In re the Claim of Bogdanowicz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Bogdanowicz, 9 A.D.2d 841, 192 N.Y.S.2d 803, 1959 N.Y. App. Div. LEXIS 6207 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board which held claimant entitled to credit for service as a clerk while attending college. The appellant Commissioner contends that such service must be excluded under the provisions of the Labor Law (§ 511, subds. 1, 9). Claimant, while a regular and full-time day student at Utica College, was employed by a manufacturer for 42 weeks as a clerk-typist and general clerk, working a 3:30 p.m. to midnight shift. The board found that claimant intended to attend law school and to obtain a law degree and that his applications to several law schools were pending. The factual situation closely parallels that in Matter of Augustine {Catherwood) (9 A D 2d 837), and for the reasons stated in our memorandum in that case the decision here must be reversed. Decision of the Unemployment Insurance Appeal Board unanimously reversed and the initial determination of the Industrial Commissioner reinstated, without costs. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, J J.

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Appeal by the Industrial Commissioner from a decision of the Unemployment Insurance Appeal Board which held claimant entitled to credit for service as a clerk while attending college. The appellant Commissioner contends that such service must be excluded under the provisions of the Labor Law (§ 511, subds. 1, 9). Claimant, while a regular and full-time day student at Utica College, was employed by a manufacturer for 42 weeks as a clerk-typist and general clerk, working a 3:30 p.m. to midnight shift. The board found that claimant intended to attend law school and to obtain a law degree and that his applications to several law schools were pending. The factual situation closely parallels that in Matter of Augustine {Catherwood) (9 A D 2d 837), and for the reasons stated in our memorandum in that case the decision here must be reversed. Decision of the Unemployment Insurance Appeal Board unanimously reversed and the initial determination of the Industrial Commissioner reinstated, without costs. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, J J.

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Bluebook (online)

9 A.D.2d 841, 192 N.Y.S.2d 803, 1959 N.Y. App. Div. LEXIS 6207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-bogdanowicz-nyappdiv-1959.