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In the Matter of DAVID GENTILE NURSING SERVICES, P.C., Doing Business as PERSONALIZED CARE NURSING SERVICES, Respondent. LILLIAN ROBERTS, as Commissioner of Labor, Appellant.

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.

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MATTER OF GENTILE NURSING SERVS., ROBERTS
(May 7, 1985)