Opinion
Decided July 2, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
William F. Reynolds for appellant.
Thomas E. Brydges for Merchants Mutual Insurance Company, respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated for the reasons stated in the dissenting memorandum by Justice John T. Casey at the Appellate Division ( 98 A.D.2d 931, 932).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.