Opinion
Argued September 10, 1976
Decided October 14, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
James M. Catterson, Jr., County Attorney (William S. Norden and Natale C. Tedone of counsel), for appellant.
Reynold A. Mauro for respondent.
Judgment reversed, without costs, and the determination of the commissioner reinstated (see Matter of Peres v Frank, 40 N.Y.2d 868, decided herewith).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.