Matter of Mutual Benevolent Society of 1865, Inc.

New York Court of Appeals

Matter of Mutual Benevolent Society of 1865, Inc.

60 N.E.2d 31, 293 N.Y. 901, 1944 N.Y. LEXIS 2314

New York Court of Appeals·Decided December 30, 1944·Published·Cited by 3 cases

Opinion

Per Curiam.

We cannot say, as matter of law, that the finding by the Unemployment Insurance Appeal Board, that the appellant’s secretary and treasurer were not its employees, was unsupported by substantial evidence. (Labor Law, § 534, now § 623; Matter of Electrolux Corp., 288 N. Y. 440, 442-3; Matter of Carroll, 288 N. Y. 447, 451.)

The order of the Appellate Division should be reversed and the decision of the Unemployment Insurance Appeal Board confirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Ordered accordingly.

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Per Curiam.

We cannot say, as matter of law, that the finding by the Unemployment Insurance Appeal Board, that the appellant’s secretary and treasurer were not its employees, was unsupported by substantial evidence. (Labor Law, § 534, now § 623; Matter of Electrolux Corp., 288 N. Y. 440, 442-3; Matter of Carroll, 288 N. Y. 447, 451.)

The order of the Appellate Division should be reversed and the decision of the Unemployment Insurance Appeal Board confirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Ordered accordingly.

Matter of Mutual Benevolent Society of 1865, Inc., 60 N.E.2d 31, 293 N.Y. 901, 1944 N.Y. LEXIS 2314 (N.Y. 1944).

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