
    In the Matter of the Claim of Robert A. Horton, Appellant. Molecular Maintenance, Inc., Respondent. Lillian Roberts, as Commissioner of Labor, Appellant.
    Decided March 27, 1984
    
      APPEARANCES OF COUNSEL
    
      James W. Cooper for Robert A. Horton, appellant.
    
      Robert Abrams, Attorney-General (Iris Steel of counsel), for Lillian Roberts, as Commissioner of Labor, appellant.
    
      David L. Murphy for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, for the reasons stated in the dissenting memorandum by Justice John T. Casey at the Appellate Division (97 AD2d 610, 612) and decision of the Unemployment Insurance Appeal Board reinstated.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  