
    In the Matter of H. Earl Fullilove et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, Respondents, v Hugh L. Carey, as Governor and Chief Executive Officer of the State of New York, et al., Appellants.
    Argued September 5, 1979;
    decided November 20, 1979
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Shirley Adelson Siegel, Dominick J. Tuminaro, Arnold D. Fleischer and Judith T. Kramer of counsel), for Hugh L. Carey, as Governor of the State of New York, appellant.
    
      Ann Thacher Anderson for Office of State Contract Compliance, Division of Human Rights, appellant.
    
      Robert G. Benisch, Robert J. Fink and Richard O’Hara for respondents.
    
      Victor M. Goode, Alton Maddox, Jr., and Howard Lane for National Conference of Black Lawyers and another, amici curiae.
    
    
      M. D. Taracido, Kenneth Kimerling, Peter Bienstock and Idelisse Malave for Puerto Rican Legal Defense & Education Fund, Inc., amicus curiae.
    
   OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 798; see, also, Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent and vote to reverse (see dissenting opn by Fuchsberg, J., in Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).  