Majority
p. 1001In the Matter of Happy C. McClurg, as Executrix of Mark R. McClurg, Deceased, Appellant, v State of New York, Respondent. (Claim No. 95304.) [671 NYS2d 366]
—Order unanimously affirmed without costs for reasons stated in decision at Court of Claims, Midey, Jr,, J. (Appeal from Order of Court of Claims, Midey, Jr., J. — Dismiss Claim.) Present— Pine, J. P., Hayes, Wisner and Boehm, JJ.