Opinion
November 19, 1947.
Appeal from Unemployment Insurance Appeal Board.
In these cases it so happened that these holidays came in a layoff period which began December 21, 1946, and was to end January 6, 1947. Claimants urge that they were totally unemployed between such dates irrespective of the fact that they received pay for Christmas and New Years. The language of the present statute sustains their claim. Formerly total unemployment was defined as lack of employment and "total lack of all compensation". (Labor Law, former § 502, subd. 10.) Under the present definition the lack of compensation has been eliminated as an element of unemployment. (Labor Law, § 522.) Decisions of the Unemployment Insurance Appeal Board affirmed, without costs. Hill, P.J., Heffernan, Foster and Russell, JJ., concur; Brewster, J., taking no part.