Opinion
Decided May 7, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Abrams, Attorney-General ( Steven Segall and Robert Hermann of counsel), for appellant.
William J. Gilberti, Jr., for 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, without costs, and decision of the Unemployment Insurance Appeal Board reinstated for reasons stated in the dissenting memorandum by Justice Paul J. Yesawich, Jr., at the Appellate Division ( 106 A.D.2d 763, 765).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.