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In re the Claims of Burger

101 N.E.2d 763, 303 N.Y. 654, 1951 N.Y. LEXIS 1081
CourtNew York Court of Appeals
DecidedOctober 19, 1951
StatusPublished
Cited by13 cases

This text of 101 N.E.2d 763 (In re the Claims of Burger) 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.

Bluebook
In re the Claims of Burger, 101 N.E.2d 763, 303 N.Y. 654, 1951 N.Y. LEXIS 1081 (N.Y. 1951).

Opinion

Per Curiam.

There is substantial evidence in the record before us to support the factual finding of the Unemployment Insurance Appeal Board that these claimants-respondents lost their employment involuntarily and not because of a strike, lockout, or other industrial controversy in the establishment in which they were employed (Labor Law, § 592, subd. 1). Accordingly that finding is binding upon us (Labor Law, § 623; Matter of Morton, 284 N. Y. 167, 171). We pass on no other issue. Specifically, we reserve the question whether the regular pattern of work of longshoremen, checkers and harbormasters, viewed over a reasonable period of time and in relation to any pertinent specific union contract, constitutes “ employment ” within the meaning of the Unemployment Insurance Law (Labor Law, art. 18). (See Matson Terminals, Inc., v. California Employment Comm., 24 Cal. 2d 695.)

The order should be affirmed, with costs.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Order affirmed.

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Bluebook (online)
101 N.E.2d 763, 303 N.Y. 654, 1951 N.Y. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claims-of-burger-ny-1951.