Opinion
Decided March 27, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
James W. Cooper for Robert A. Horton, appellant.
Robert Abrams, Attorney-General ( Iris Steel of counsel), for Lillian Roberts, as Commissioner of Labor, appellant.
David L. Murphy 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, with costs, for the reasons stated in the dissenting memorandum by Justice John T. Casey at the Appellate Division ( 97 A.D.2d 610, 612) and decision of the Unemployment Insurance Appeal Board reinstated.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.