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 AD2d 654, 655; see, also, Matter of De Grego [Levine], 39 NY2d 180), and the matter remitted to the *1045Appellate 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.