Steinmann v. State, Dept. of Treasury

*579POLLOCK, O’HERN and GARIBALDI, Justices,

dissenting.

We would affirm substantially for the reasons expressed in the majority opinion filed in the Appellate Division, reported at 235 N.J.Super. 356 (1988).

For reversal — Chief Justice, WILENTZ and Justices CLIFFORD, HANDLER and STEIN — 4. For Affirmance — Justices POLLOCK, O’HERN and GARIBALDI — 3.