In Re the Eligibility for Unemployment Benefits of Foy

(dissenting) — In my opinion, the majority incorrectly overruled respondent’s motion to dismiss this appeal.

In order to make clear my position concerning the precise question involved, I briefly review the facts: (1) Three claimants applied for unemployment compensation benefits, alleging former employment with respondent; (2) from an adverse departmental ruling, claimants appealed to the statutory tribunal which held in their favor; (3) at respondent’s request, the commissioner reviewed the tribunal’s decision which he affirmed; (4) respondent then appealed to the superior court where…