Opinion
Argued May 21, 1940
Decided June 11, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Francis R. Curran, W. Gerard Ryan and Henry Epstein of counsel), for appellant.
Arthur T. McAvoy for respondent.
Order of the Appellate Division reversed and determination of the Unemployment Insurance Appeal Board reinstated, without costs. The reversal by the Appellate Division was not upon the facts and we find no error of law in the determination of the Appeal Board. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.