Opinion
October 5, 1967
Judgment entered May 11, 1967, dismissing the petition in this article 78 proceeding, unanimously reversed on the law, without costs or disbursements, and matter remitted to Special Term for a trial on the issue of whether there is a rational basis upon which respondents could refuse to reclassify petitioners to the title of Oiler (Portable) and on the issue of whether the duties performed by both Oiler (Portable) and Oiler (Stationary) are similar or substantially different. (CPLR 7804, subd. [h].) ( Matter of Mandle v. Brown, 4 A.D.2d 283, affd. 5 N.Y.2d 51.)
Concur — Steuer, J.P., Capozzoli, Tilzer, McNally and Witmer, JJ.