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Matter of Rose

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 867 (N.Y. App. Div. 1971)

Opinion

April 19, 1971


Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 12, 1969, which determined that claimants were entitled to unemployment insurance benefits. The Attorney-General concedes that the board's decision contains a factual error in that it states that claimants worked as a team with various "salesman-closers who are conceded to be employees of the corporate employer" (emphasis supplied). Since this statement is not supported by any evidence in the record, and this erroneous finding may have played an important part in the board's deliberations and decision, the case must be remanded to the board for the purpose of making appropriate findings. Decision reversed, and matter remitted to the board for further findings not inconsistent herewith, with costs to appellant against respondent Industrial Commissioner. Herlihy, P.J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.


Summaries of

Matter of Rose

Appellate Division of the Supreme Court of New York, Third Department
Apr 19, 1971
36 A.D.2d 867 (N.Y. App. Div. 1971)
Case details for

Matter of Rose

Case Details

Full title:In the Matter of the Claim of EDWARD L. ROSE et al., Respondents. WILLIAM…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 19, 1971

Citations

36 A.D.2d 867 (N.Y. App. Div. 1971)