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Matter of SCHULTZ CONSTRUCTION, INC., Respondent, v. PHILLIP ROSS, as Industrial Commissioner of the State of New York, Appellant.

Order affirmed, with costs, for reasons stated in the opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 76 A.D.2d 151).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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MATTER OF SCHULTZ CONSTRUCTION v. ROSS
(Apr 9, 1981)