Opinion
April 19, 1971
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 12, 1969, which determined that claimants were entitled to unemployment insurance benefits. The Attorney-General concedes that the board's decision contains a factual error in that it states that claimants worked as a team with various "salesman-closers who are conceded to be employees of the corporate employer" (emphasis supplied). Since this statement is not supported by any evidence in the record, and this erroneous finding may have played an important part in the board's deliberations and decision, the case must be remanded to the board for the purpose of making appropriate findings. Decision reversed, and matter remitted to the board for further findings not inconsistent herewith, with costs to appellant against respondent Industrial Commissioner. Herlihy, P.J., Reynolds, Greenblott, Cooke and Simons, JJ., concur.