Opinion
Argued February 17, 1976
Decided March 25, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
W. Bernard Richland, Corporation Counsel (Murray L. Lewis and L. Kevin Sheridan of counsel), for appellants.
Joseph W. Allen for respondent.
Judgment reversed, without costs, and the determination of the commissioner reinstated on the dissenting memorandum by Mr. Justice THEODORE R. KUPFERMAN at the Appellate Division ( 47 A.D.2d 612).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.