MATTER OF BURGER, 303 N.Y. 654 (1951)

101 N.E.2d 763

In the Matter of the Claims of LOUIS BURGER et al., Respondents. EDWARD CORSI, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.Argued October 9, 1951
Decided October 19, 1951

Appeal from the Supreme Court, Appellate Division, Third Department.

Page 655

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

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

Louis Waldman, Martin Markson and Seymour Waldman for respondents.

Per Curiam.

There is substantial evidence in the record before us to support the factual finding of the Unemployment Insurance Appeal Board that these claimants-respondents lost their employment involuntarily and not because of a strike, lockout, or other industrial controversy in the establishment in which they were employed (Labor Law, § 592, subd. 1). Accordingly that finding is binding upon us (Labor Law, § 623; Matter of Morton, 284 N.Y. 167, 171). We pass on no other issue. Specifically, we reserve the question whether the regular pattern of work of longshoremen, checkers and harbormasters, viewed over a reasonable period of time and in relation to any pertinent specific union contract, constitutes “employment” within the meaning of the Unemployment Insurance Law (Labor Law, art. 18). (See Matson Terminals, Inc., v. California Employment Comm., 24 Cal.2d 695.)

The order should be affirmed, with costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Order affirmed.

Page 657