MATTER OF MAGUIRE

On summary consideration, order, insofar as appealed from, reversed, with costs, and the determination of the Unemployment Insurance Appeal Board reinstated for the reasons stated in the concurring in part and dissenting in part memorandum of Justice J. CLARENCE HERLIHY at the Appellate Division.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.