Steinberg v. Miller

Appellate Division of the Supreme Court of New York

Steinberg v. Miller

262 A.D. 921, 29 N.Y.S.2d 909, 1941 N.Y. App. Div. LEXIS 6482

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1941·Published

Opinion

Motion to prosecute appeal on typewritten record and brief granted. Hill, P. J., Heñernan, Sehenck and Foster, JJ., concur; Bliss, J., dissents. Unemployment benefits are paid only on account of total unemployment. Subdivision 10 of section 502 of the Labor Law provides that the unemployment cannot be caused by the incapacity of the employee. Here it is uncontradicted that the claimant was incapacitated by her pregnancy.

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Motion to prosecute appeal on typewritten record and brief granted. Hill, P. J., Heñernan, Sehenck and Foster, JJ., concur; Bliss, J., dissents. Unemployment benefits are paid only on account of total unemployment. Subdivision 10 of section 502 of the Labor Law provides that the unemployment cannot be caused by the incapacity of the employee. Here it is uncontradicted that the claimant was incapacitated by her pregnancy.

Steinberg v. Miller, 262 A.D. 921, 29 N.Y.S.2d 909, 1941 N.Y. App. Div. LEXIS 6482 (N.Y. Ct. App. 1941).

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