MATTER OF LITWIN

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.