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  5. 8 N.Y.2d 77 (1960)
 

MATTER OF ALBERTSON (LUBIN)

8 N.Y.2d 77 (1960)

In the Matter of the Claim of William Albertson, Respondent. Isador Lubin, as Industrial Commissioner, Appellant. In the Matter of Communist Party, U. S. A., et al., Respondents. Isador Lubin, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided May 26, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman, Paxton Blair and Samuel Stern of counsel), for appellant.

Stephen C. Vladeck, Sylvan H. Elias and Judith P. Vladeck for William Albertson, respondent.

John J. Abt for Communist Party, U. S. A., and another, respondents.

Judge DYE concurs with Chief Judge DESMOND; Judge FULD dissents in part and votes to affirm the order appealed from in all respects in an opinion in which Judge FROESSEL concurs; Judge VAN VOORHIS concurs in part but votes to reverse the order appealed from and to reinstate the determination of the Unemployment Insurance Appeal Board in an opinion in which Judge BURKE concurs; Judge FOSTER taking no part.

Chief Judge DESMOND.

Two separate but related questions arise in this consolidated proceeding. We are first to decide whether, on the theory that his employment by the Communist Parties (N. Y. and U. S. A.) was not "covered employment", respondent Albertson is ineligible for unemployment insurance benefits. Second, we must determine whether the Industrial Commissioner was legally justified in suspending the registration...

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