
    [688 NE2d 255, 665 NYS2d 399]
    In the Matter of Consolidated Rail Corporation, Appellant, v John F. Hudacs, as Commissioner of Labor of the State of New York, et al., Respondents.
    Argued September 9, 1997;
    decided October 16, 1997
    
      APPEARANCES OF COUNSEL
    
      McNamee, Lochner, Titus & Williams, P. C., Albany (Scott A. Barbour and Michael J. Hall of counsel), for appellant.
    
      
      Dennis C. Vacco, Attorney-General, New York City (Claire T. O’Keefe, M. Patricia Smith, Daniel F. De Vita, Peter H. Schiff and Barbara G. Billet of counsel), for respondents.
    
      David P. Lee and Joanna L. Moorhead, of the District of Columbia Bar, admitted pro hac vice, for National Railway Labor Conference, amicus curiae.
    
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by Justice D. Bruce Crew, III, at the Appellate Division (223 AD2d 289).

Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley.  