Opinion
Decided October 9, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROGER J. MINER, J.
Joseph D. Block and Peter Garam for appellant.
Howard J. Read and Peter H. Schiff for respondent.
On the court's own motion, following remand by the Supreme Court of the United States, order reversed, with costs, and the matter remitted to Supreme Court, Albany County, for entry of judgment in favor of petitioner not inconsistent with the decision of the Supreme Court of the United States (Consolidated Edison Co. of N.Y. v Public Serv. Comm. of N.Y., 447 U.S. 530).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.