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In the Matter of the Claim of EDWARD I. FRAEKORN, Appellant. LOUIS L. LEVINE, as Industrial Commissioner, Respondent.

Order reversed, without costs, on the dissenting memorandum by Mr. Justice LAWRENCE H. COOKE at the Appellate Division and the matter remitted to the Appellate Division, Third Department, with directions to remand for a hearing on the question of whether claimant was available for employment.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

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MATTER OF FRAEKORN
(Dec 18, 1974)