Opinion
Argued January 7, 1982
Decided February 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL H. PRIOR, JR., J.
Robert Abrams, Attorney-General ( Clifford A. Royael and Shirley Adelson Siegel of counsel), for appellant.
Catherine Charuk for Roy Green, respondent.
Order reversed, without costs, for reasons stated in the dissenting memorandum by former Justice J. CLARENCE HERLIHY at the Appellate Division ( 80 A.D.2d 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.