Legal Opinion

In re Finkel

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1974PublishedCited by 11 opinions

1Opinion of the CourtCooke, J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board, filed September 13, 1973, which affirmed a Referee’s decision upholding experience rating charges against the account of appellant employer.

The issue raised on this appeal is whether paragraph (e) of subdivision 1 of section 581 of the Labor Law, insofar as it permits the levying of experience ratings charges against the account of an employer who is in no way “ at fault ” for the unemployment of a former employee, sanctions a taking of property without due process of law in violation of the United States…

2Cases cited5 opinions

  1. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
  2. Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
  3. South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
  4. Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
  5. W. H. H. Chamberlin, Inc. v. AndrewsNew York Court of Appeals · 1936

3Cited by11 opinions

  1. In re the Claim of GruberNew York Court of Appeals · 1996
  2. Wesley Medical Center v. McCainSupreme Court of Kansas · 1979
  3. Halpern v. GozanNew York Supreme Court · 1976
  4. Commissioner of Labor v. HinmanAppellate Division of the Supreme Court of the State of New York · 1984
  5. Allegheny Airlines, Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1976

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