Opinion
Decided September 16, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BURTON G. HECHT, J.
Robert Abrams, Attorney-General ( Burton Herman of counsel), for appellant.
Jody Leight and William E. Hellerstein for respondent.
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, without costs, for the reasons stated in the dissenting-in-part memorandum of Justice MAX BLOOM at the Appellate Division ( 86 A.D.2d 831, 832) and matter remitted to Supreme Court, Bronx County, for a hearing in accordance with that dissenting memorandum.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.