Opinion
Argued June 10, 1976
Decided July 15, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Jerome Litwin, appellant pro se. Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.
Order reversed, with costs, and the decision of the Unemployment Insurance Appeal Board annulled on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 49 A.D.2d 654, 655; see, also, Matter of De Grego [Levine], 39 N.Y.2d 180), and the matter remitted to the Appellate Division, Third Department, with directions to remand for determination of the claim.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.