Fullilove v. Carey , 48 N.Y.2d 826 ( 1979 )

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 798; see, also, Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent and vote to reverse (see dissenting opn by Fuchsberg, J., in Matter of Fullilove v Beame, 48 NY2d 376, decided herewith).