OPINION OF THE COURT
On the court’s own motion, following remand by the Supreme Court of the United States, order reversed, with costs, and the matter remitted to Supreme Court, Albany County, for entry of judgment in favor of petitioner not inconsistent with the decision of the Supreme Court of the United States (Consolidated Edison Co. of N. Y. v Public Serv. Comm. of N. Y., 447 US 530).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.