Decided October 14, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ANDREW V. SIRACUSE, J.
Louis J. Balsamo for appellant. Robert Abrams, Attorney-General ( Alan W. Rubenstein of counsel), for respondents.
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, with costs, petition granted and respondents' determination annulled (see Matter of Hodes v Axelrod, 56 N.Y.2d 930, mot for rearg den 57 N.Y.2d 775).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.