¶1OPINION OF THE COURT
¶2Order reversed, without costs, for reasons stated in the dissenting memorandum by former Justice J. Clarence *910Herlihy at the Appellate Division (80 AD2d 668) and the determination of the State commissioner reinstated.
¶3Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jones.