262 A.D. 792 | N.Y. App. Div. | 1941
This is an appeal by Sagtikos Farm, Inc., employer-appellant, from the decision of the Unemployment Insurance Appeal Board, which affirmed the decision of the Unemployment Insurance Referee holding that claimant worked in covered employment in the year 1938 and is to be credited with her earnings therein with the employer. The sole issue presented by this appeal is whether this court must hold as a matter of law that the claimant is ineligible for unemployment insurance benefits because she is engaged in employment as a “farm laborer.” The Unemployment Insurance Appeal Board has found as a fact that she was not a farm laborer. Section 502 of the Unemployment Insurance Law (Labor Law, §§ 500-539) provides that “Employment,” except where the context shows otherwise, means any employment under a contract of hire in which all or the greater part of the work is to be performed within the State. “But for the purposes of this article, ‘employ