Opinion
Argued January 3, 1972
Decided January 14, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD S. HELLER, J.
Louis J. Lefkowitz, Attorney-General ( Jeremiah Jochnowitz, Ruth Kessler Toch and Kenneth J. Connolly of counsel), for appellant.
David S. Galton for respondents.
Order reversed, without costs, and the orders of the Court of Claims reinstated. Question certified answered in the negative. (See Malvica v. Blumenfeld, 28 N.Y.2d 851.) No opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Taking no part: Judge BURKE.