
    Victor Gotbaum, as Trustee of the District Council 37 Benefits Fund Trust, et al., Appellants, and Edward Ostrowski, as Trustee and Chairman of the Board of Trustees of the Uniformed Sanitationmen’s Association Retirees’ Welfare Fund and Uniformed Sanitationmen’s Association Compensation Accrual Fund, et al., Intervenors-Appellants, v Albert B. Lewis, as Superintendent of the Insurance Department of the State of New York, Respondent.
    Argued June 3, 1986;
    decided July 1, 1986
    
      APPEARANCES OF COUNSEL
    
      Bertram Perkel and Michael B. Golden for Victor Gotbaum, as Trustee of the District Council 37 Benefits Fund Trust, and others, appellants and intervenors-appellants.
    
      Gary Maitland, Stephen F. Gordon and Jeffrey L. Kreisberg for Albert Shanker, as Trustee of the United Federation of Teachers Welfare Fund, appellant.
    
      Harold L. Fisher, Charles G. Moerdler, Kenneth Fisher and Edward Tessler for Edward Ostrowski, as Trustee and Chairman of the Board of Trustees of the Uniformed Sanitation-men’s Association Retirees’ Welfare Fund, etc., and another, intervenors-appellants.
    
      Robert Abrams, Attorney-General (Calvin W Grannum, O. Peter Sherwood and Aven Rennie of counsel), for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and order and judgment of Supreme Court, New York County, reinstated for the reasons stated in the dissenting opinion of Justice Max Bloom at the Appellate Division (110 AD2d 1, 11-17; see also, Matter of Howard Johnson Co. v State Tax Commn., 65 NY2d 726).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.  