In re Unified Court System

Yesawich, Jr., J.,

dissents and votes to reverse in the following memorandum. Yesawich, Jr., J. (dissenting). I respectfully dissent and vote to reverse. As the majority acknowledges, the issue presented on this appeal is dissimilar from that raised in Matter of Bernstein (266 App Div 459, affd 292 NY 617). There, all that needed to be resolved was whether a city marshal performed a governmental function and was exempt, under the statutory scheme then extant, from liability for unemployment insurance for his own employees. Language in that opinion labeling the city marshals employees of New…