Majority
p. 939In the Matter of Sarbro Realty Corporation et al., Petitioners, v James J. McGowan, as Commissioner of New York State Department of Labor, Respondent. (Appeal No. 2.) [700 NYS2d 897]
—Determination unanimously confirmed without costs and petition dismissed. Same Memorandum as in Matter of Nelson’s Lamp Lighters v New York State Dept. of Labor ( 267 AD2d 937 [decided herewith]). (Original Proceeding Pursuant to CPLR art 78.) Present — Denman, P. J., Pine, Wisner, Pigott, Jr., and Callahan, JJ.