Citations

Full opinion text

OPINION OF THE COURT

Order reversed, without costs, for reasons stated in the dissenting memorandum by former Justice J. Clarence Herlihy at the Appellate Division (80 AD2d 668) and the determination of the State commissioner reinstated.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jones.