Opinion
Submitted January 7, 1977
Decided February 15, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Guy W. Germano, John E. Kirklin, Kalman Finkel, Bernard C. Durham and Virginia C. Duncombe for appellant.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Irving Jorrisch of counsel), for respondent.
Order reversed, with costs, decision of the Unemployment Insurance Appeal Board annulled, and the matter remitted to the Appellate Division, Third Department, with directions to remand for allowance of the claim for the reasons stated in the dissenting memorandum by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ( 50 A.D.2d 681).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.