
    In the Matter of Graham D. Mattison, Appellant, v New York State Tax Commission, Respondent.
    Argued February 12, 1980;
    decided March 20, 1980
    
      APPEARANCES OF COUNSEL
    
      Richard H. Appert and Emanuel G. Demos for appellant.
    
      
      Robert Abrams, Attorney-General (Nigel G. Wright and Shirley Adelson Siegel of counsel), for respondent.
   OPINION OF THE COURT

Judgment reversed, with costs, and the petition granted for reasons stated in the dissenting memorandum by Mr. Justice Ellis J. Staley, Jr., at the Appellate Division (68 AD2d 974, 975-977).

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