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MATTER OF REST. PUBL'N (LUBIN)

286 A.D. 644 (1955)

In the Matter of Restaurant Publications, Inc., et al., Appellants. Isadore Lubin, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1955.

Attorney(s) appearing for the Case

Philip L. Graham and William C. Gehring for appellants.

Jacob K. Javits, Attorney-General (Francis R. Curran and James O. Moore, Jr., of counsel), for respondent.

FOSTER, P. J., BERGAN, HALPERN and ZELLER, JJ., concur.

COON, J.

Appellants are subsidiary corporations of a parent corporation, which concededly pays contributions on the earnings of the employees involved here up to $3,000 per year. The question is whether, under the particular facts in this case, the employment may be allocated so that assessments based upon earnings in excess of $3,000 per year may be made against appellants. As the answer to the question depends...

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