Majority
p. 1007Estate of Bernard P. Birnbaum, Deceased, Respondent-Appellant, v State of New York, Appellant-Respondent. (Claim No. 78267.)
Judgment unanimously affirmed without costs for reasons stated in decision at Court of Claims, Quigley, J. (Appeals from Judgment of Court of Claims, Quigley, J. —Appropriation.) Present — Denman, P. J., Pine, Balio, Fallon and Davis, JJ.