In re Fayetteville Cemetery Ass'n v. McGarry

This is a proceeding under article 78 of the Civil Practice Act in the nature of prohibition brought by the Fayetteville Cemetery Association to restrain the Unemployment Insurance Appeal Board from reopening, reconsidering, remanding or interfering with a decision of an unemployment insurance referee holding that J. Edward Meagher was not entitled to unemployment insurance benefits as an employee of the petitioner during the base year 1947, and that the petitioner was an exempt employer.

The basic facts leading up to the present controversy are not in dispute. A brief summary thereof follows;

T…