Opinion
Submitted May 1, 1975
Decided June 4, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Gottlieb Feldman for appellant.
Louis Newman and Richard Lehv for employer-respondent.
Order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated on the dissenting memorandum at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.