Opinion
September 28, 1949.
Appeal from Unemployment Insurance Appeal Board.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ., concur.
Apparently the theory is that since claimant's services had been terminated effective at the conclusion of her vacation she was no longer "employed". However, no legal sophistry can alter the fact that she was actually on the State's payroll throughout this period. Decision of the appeal board reversed, on the law, and initial determination of the Industrial Commissioner reinstated, without costs.