Fullilove v. Carey (48 N.Y.2d 826, 1979)

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 798; see, also, Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent and vote to reverse (see dissenting opn by Fuchsberg, J., in Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).