Opinion
Argued June 3, 1986
Decided July 1, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred M. Ascione, J.
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 Sanitationmen's Association Retirees' Welfare Fund, etc., and another, intervenors-appellants.
Robert Abrams, Attorney-General (Colvin W. Grannum, O. Peter Sherwood and Aven Rennie of counsel), for respondent.
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 A.D.2d 1, 11-17; see also, Matter of Howard Johnson Co. v State Tax Commn., 65 N.Y.2d 726).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.