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MATTER OF FAYETTEVILLE CEMETERY ASSN. v. McGARRY

202 Misc. 141 (1952)

In the Matter of Fayetteville Cemetery Association, Petitioner, v. John E. McGarry, as Chairman of the Unemployment Insurance Appeal Board of The Department of Labor of the State of New York, Respondent, and J. Edward Meagher, Claimant-Respondent.

Supreme Court, Special Term, Onondaga County.

June 9, 1952.

Attorney(s) appearing for the Case

James P. Burns, Jr., for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Francis R. Curran of counsel), for respondent.

RINGROSE, J.

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...

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