In re the Claim of Fraekorn (42 A.D.2d 917, 1973)

Decision affirmed, without costs. No opinion. Greenblott, J. P., Kane and Main, JJ., concur; Cooke and Sweeney, JJ., dissent and vote to reverse in a memorandum by Cooke, J. Cooke, J. (dissenting). The decision of the board should be reversed and the matter remitted to it for further proceedings. The Referee overruled the initial determination of the Industrial Commissioner of disqualification because of a voluntary leaving of employment without good cause, and held that claimant voluntarily left his employment with good cause. The board also held that the leaving was with good cause but modified the decision of the Referee and held claimant ineligible on the ground of unavailability for employment. Although not in the record, respondent’s brief recites that the notice of hearing sent to claimant stated that the purpose of the hearing was to determine claimant’s voluntary leaving of employment without good cause and any other related issue. Subdivision (a) of section 461.4 of the Rules and Regulations adopted for Practice and Procedure before Referees and Appeal Board (12 NYCRR 461.4 [a]) provides that