In Re the Claim of Bus

Wachtler, J. (dissenting).

This is an appeal from an interlocutory order of the Appellate Division, Third Department, reversing a decision of the Unemployment Insurance Appeals Board and remitting the matter for further proceedings to the board. The decision of the board had affirmed the decision of the referee which sustained the determination of the Industrial Commissioner holding claimants eligible for benefits of unemployment insurance.

*957The pertinent statutes to be considered are:

Labor Law, § 591.

“ 1. Unemployment. Benefits shall be paid only to a claimant who is totally unemployed and who…