
    Matter of Schultz Construction, Inc., Respondent, v Phillip Ross, as Industrial Commissioner of the State of New York, Appellant.
    Argued March 30, 1981;
    decided April 9, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for appellant.
    
      Victoria A. Graffeo for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Justice J. Clarence Herlihy at the Appellate Division (76 AD2d 151).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  