In re the Claim for Benefits under Article 18 of Labor Law
Appellate Division of the Supreme Court of the State of New York
1DissentSchenck, J.
There are two issues involved here: (1) as to the jurisdiction of the referee and the Appeal Board to determine whether or not claimant worked for an employer subject to the Unemployment Insurance Law, and (2) whether or not Doctors Hospital, Inc., is an exempt employer under the provisions of the Unemployment Insurance Law.
I am not impressed with the appellant’s contention that the referee and the Appeal Board lack jurisdiction. It was necessary that a decision be reached determining whether or not claimant was entitled to benefits, and by virtue of section 532 this determination devolves…
2Cases cited5 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- County of Herkimer v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1937
- People ex rel. Outer Court, Inc. v. MillerNew York Supreme Court · 1936
- People Ex Rel. Outer Court, Incorporated v. MillerNew York Court of Appeals · 1939
- People ex rel. Outer Court, Inc. v. MillerAppellate Division of the Supreme Court of the State of New York · 1939