Opinion
Decided October 14, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ANDREW V. SIRACUSE, J.
Louis J. Balsamo for appellant. Robert Abrams, Attorney-General ( Alan W. Rubenstein of counsel), for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, petition granted and respondents' determination annulled (see Matter of Hodes v Axelrod, 56 N.Y.2d 930, mot for rearg den 57 N.Y.2d 775).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.