Opinion
Argued November 12, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
James F. Oliviero and Morton B. Dicker for appellant.
Louis J. Lefkowitz, Attorney-General ( Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for 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.