
    Jose F. Sierra, Respondent, v Robert J. McGuire, as Police Commissioner of the City of New York, Appellant.
    Argued September 13, 1983;
    decided October 18, 1983
    
      APPEARANCES OF COUNSEL
    
      Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Debra A. James of counsel), for appellant.
    
      Jack Dashosh for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and the determination of the commissioner reinstated for reasons stated in the dissenting opinion of Justice Fritz W. Alexander at the Appellate Division (91 AD2d 179, 185).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  