Opinion
Argued January 6, 1942
Decided February 26, 1942
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( W. Gerard Ryan and Henry Epstein of counsel), for appellant.
Patrick J. Tierney for respondent.
David T. Murray for Harry W. Patterson, amicus curiae.
Order of Appellate Division reversed and decision of the Unemployment Insurance Appeal Board affirmed, with costs in this court and in the Appellate Division. Under the provisions of the Labor Law (art. 18, § 502; L. 1935, ch. 468, as amd. L. 1936, ch. 117), the employer was not entitled to the exemption of the employee as a farm laborer. No opinion.
Concur: LEHMAN, Ch. J., FINCH, RIPPEY, CONWAY and DESMOND, JJ. Dissenting: LOUGHRAN and LEWIS, JJ.