Exhibit No. 1-Contract between The Spirella Company Incorporated and Mrs. Margaret B. Morton. Received in evidence at Fol. 150. Printed at Fol. 336 112 Spirella Company's Exhibits: Exhibit No. 1-Order form. Marked in evi dence at Fol. 163. Photostat bound in at 117 Exhibit No. 1A-Credit form. Marked in evidence at Fol. 166. Photostat bound in at ..117 Exhibit No. 1B-Wholesale Price List. Received in evidence at Fol. 165. Photostat bound in at .117 Appeal Board Exhibits: Exhibit No. 1-Client's Receipt for Deposit. Exhibit No. 2-Spirella weekly report. Mark- .119 .119 STATE OF NEW YORK. Supreme Court APPELLATE DIVISION-THIRD DEPARTMENT. PLEASE TAKE NOTICE that The Spirella Company Incorporated hereby appeals to the Supreme Court, Appellate Division, Third Department, from the decision of the Unemployment Insurance Appeal Board, dated July 27, 1939, filed in the office of the New York State Department of Labor in the above entitled proceeding. This appeal is taken for the sole purpose of preserving the right of The Spirella Company Incorporated to such review of the said decision as is provided for in Article 18 of the Labor Law in the event that it shall be finally determined that no other judicial determination of the issues of fact and law presented by said decision is legally or constitutionally available to said The 3 Notice of Appeal. 4 Spirella Company Incorporated; and this appeal is taken upon the express conditions and reservations that it shall not be deemed to constitute a general appearance in this proceeding by said The Spirella Company Incorporated, nor a waiver of the objections with respect to the jurisdiction of the Industrial Commissioner and of the Unemployment Insurance Appeal Board heretofore made on behalf of said The Spirella Company Incorporated, nor an abandonment or supercession of the action heretofore instituted by The 5 Spirella Company Incorporated against Frieda S. Miller, as Industrial Commissioner, and John E. McGarry, Elmer A. Carter and Irving D. Neustein, constituting the Unemployment Insurance Appeal Board of the State of New York, in the Supreme Court, Niagara County, for a declaratory judgment, nor a waiver of the right which said The Spirella Company Incorporated asserts to a judicial determination of such issues in the manner sought in the said action, nor an election by said The Spirella Com6 pany Incorporated to pursue the remedy of review by appeal to the Supreme Court, Appellate Division, Third Department, provided in said Article 18 of the Labor Law. Dated: August 30th, 1939. Yours, etc., FRANCHOT RUNALS COHEN TAYLOR & RICKERT, Attorneys for The Spirella Company Incorporated, Office and P. O. Address, 425-443 Gluck Building, Niagara Falls, New York. To: Notice of Appeal. Frieda S. Miller, as Industrial Commissioner John E. McGarry, Elmer A. Carter and Irving Honorable John J. Bennett, Jr., Margaret B. Morton, Claimant. 7 8 |