
    In the Matter of the Claims of Dennis W. Maguire et al., Respondents. Philip Ross as Industrial Commissioner, Appellant.
    Decided October 27, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Steven A. Segall of counsel), for appellant.
    
      Vincent F. Nicolisi for respondent.
   OPINION OF THE COURT

On summary consideration, order, insofar as appealed from, reversed, with costs, and the determination of the Unemployment Insurance Appeal Board reinstated for the reasons stated in the concurring in part and dissenting in part memorandum of Justice J. Clarence Herlihy at the Appellate Division.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  