¶1Judgment reversed, without costs, and the determination of the commissioner reinstated (see Matter of Peres v Frank, 40 NY2d 868, decided herewith).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
40 N.Y.2d 869
Decided October 14, 1976
New York Court of Appeals · decided 1976-10-14
Decided 1976-10-14
¶1Judgment reversed, without costs, and the determination of the commissioner reinstated (see Matter of Peres v Frank, 40 NY2d 868, decided herewith).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.