
    Ludwig Klein, Respondent, v John T. O’Hagan, as Commissioner of the New York City Fire Department, et al., Appellants.
    Argued September 3, 1980;
    decided October 7, 1980
    
      APPEARANCES OF COUNSEL
    
      Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for appellants.
    
      Ronald H. Shechtman for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and the determination of the commission reinstated for reasons stated in the dissenting memorandum by Mr. Justice Samuel J. Silverman at the Appellate Division (70 AD2d 514, 515-516).

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