Majority
p. 645Brian Peppy, an Infant, by Dorothy E. Bailey, Individually and as His Mother and Natural Parent, Appellant, v State of New York, Respondent. (Claim No. 51957.)
Judgment unanimously affirmed, without costs, for the reasons stated by the Referee, former Court of Claims Judge DelGiorno, in his memorandum decision. (Appeal from judgment of Court of Claims dismissing negligence claim.) Present—Marsh, P. J., Moule, Cardamone, Simons and Witmer, JJ.