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  5. 52 N.Y.2d 771 (1980)
 

MATTER OF DI MARIA v. ROSS

52 N.Y.2d 771 (1980)

In the Matter of Frank Di Maria, Respondent, v. Philip Ross, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Paul S. Shemin, Shirley Adelson Siegel and Iris A. Steel of counsel), for appellant.

Ignatius John Melito, Barrish K. Flashner and Steven Di Joseph for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the Unemployment Insurance Appeal Board reinstated.

The Unemployment Insurance Appeal Board found that claimant was not employed by Crown Tex Corporation and, thus, had failed to terminate his prior disqualification from receiving benefits caused by his discharge due to misconduct. (See Labor Law, § 593, subd...

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