
    In the Matter of Roy Green, Respondent, v Barbara Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.
    Argued. January 7, 1982;
    decided February 9, 1982
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for appellant.
    
      Catherine Charuk for Roy Green, respondent.
   OPINION OF THE COURT

Order reversed, without costs, for reasons stated in the dissenting memorandum by former Justice J. Clarence Herlihy at the Appellate Division (80 AD2d 668) and the determination of the State commissioner reinstated.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jones.  