Majority
p. 921
In the Matter of the Claim for Benefits under Article 18 of the Labor Law Made by Helen Steinberg, Appellant, against Frieda S. Miller, as Industrial Commissioner, Respondent.
Motion to prosecute appeal on typewritten record and brief granted. Hill, P. J., Heñernan, Sehenck and Foster, JJ., concur; Bliss, J., dissents. Unemployment benefits are paid only on account of total unemployment. Subdivision 10 of section 502 of the Labor Law provides that the unemployment cannot be caused by the incapacity of the employee. Here it is uncontradicted that the claimant was incapacitated by her pregnancy.