In re the Claim of Cohen

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the decision of the Unemployment Insurance Appeal Board reinstated.

The board’s decision had. a rational basis. What constitutes vacation pay is determined by the collective bargaining agreement. The fact that that agreement called for both “vacation pay” and “summer pay” and that the summer pay did not equal claimant’s prior rate of pay *661could, considered alone, lead to the conclusion that the summer pay was deferred compensation. There are, however, counterbalancing factors which furnish…