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  5. 41 N.Y.2d 856 (1977)
 

MATTER OF CURRAN

41 N.Y.2d 856 (1977)

In the Matter of the Claim of Mary E. Curran, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Guy W. Germano, John E. Kirklin, Kalman Finkel, Bernard C. Durham and Virginia C. Duncombe for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Irving Jorrisch of counsel), for respondent.

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

Order reversed, with costs, decision of the Unemployment Insurance Appeal Board annulled, and the matter remitted to the Appellate Division, Third Department, with directions to remand for allowance of the claim for the reasons stated in the dissenting memorandum by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division (50 A.D.2d 681

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