
    In the Matter of Civil Service Technical Guild, Local 375, DC 37, A.F.S.C.M.E., AFL-CIO, Respondent, v Arvid Anderson, as Chairman of the Board of Certification of the Office of Collective Bargaining of the City of New York, et al., Appellants.
    Argued October 12, 1981;
    decided November 17, 1981
    
      APPEARANCES OF COUNSEL
    
      Burton C. Agata and Malcolm D. MacDonald for Arvid Anderson, as Chairman of the Board of Certification of the Office of Collective Bargaining of the City of New York and others, appellants.
    
      Allen G. Schwartz, Corporation Counsel (Leonard Koerner, Alfred Weinstein and Isaac Klepfish of counsel), for City of New York and others, appellants.
    
      Adam Ira Klein and Mark Steven Soroka for respondents.
   OPINION OF THE COURT

Order reversed, with costs, and the petition dismissed for reasons stated in the dissenting memorandúm by Justice Theodore R. Kupferman at the Appellate Division (79 AD2d 541, 542-545).

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

December 22, 1981

On the court’s own motion, the remittitur is recalled and when returned it will be amended to read as follows: Order reversed, with costs, and the petition dismissed for reasons stated in the dissenting memorandum by Justice Theodore R. Kupferman at the Appellate Division (79 AD2d 541, 542-545). Question certified answered in the negative.

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