
    Harrison J. Smith, Jr., Respondent, v James Sipe, as President of Security Unit Employees, Council 82, AFSCME, AFL-CIO, Appellant.
    Argued March 21, 1986;
    decided April 29, 1986
    
      APPEARANCES OF COUNSEL
    
      Christopher H. Gardner for appellant.
    
      Louis M. Klein for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and defendant’s motion to dismiss the complaint granted for the reasons stated in the dissenting memorandum of Presiding Justice A. Franklin Mahoney at the Appellate Division (109 AD2d 1034, 1036-1037). Question certified answered in the affirmative.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.  