MATTER OF BERNSTEIN v. INDUSTRIAL COMM

Motion granted solely to the extent of deleting the first part of the last sentence of the memorandum decision filed with the order of this court entered on October 13, 1977 ( 59 A.D.2d 678) so that the sentence shall read as follows (p 679): "the office of the Attorney-General does not oppose reinstatement of petitioner-appellant in view of the decision in Matter of Johnson v Director, Downstate Med. Center ( 41 N.Y.2d 1061)." In all other respects the motion is denied.

Concur — Murphy, P.J., Lupiano, Silverman and Capozzoli, JJ.