OPINION OF THE COURT
Order 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.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jones.