Opinion
Argued November 19, 1980
Decided December 18, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THEODORE S. KASLER, J.
Charles G. Moerdler and Burton N. Lipshie for appellants.
Gary Eichenbaum and Melinda A. Bass for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice G. ROBERT WITMER ( 70 A.D.2d 434).
We note, however, that plaintiff has not attempted to appeal from the Appellate Division order insofar as it impliedly directs that the State be estopped from asserting defendants' noncompliance with the time limitations contained in subdivision 4 of section 10 CTC of the Court of Claims Act in any subsequent action brought by defendants against the State in the Court of Claims. Accordingly, we have no occasion to address the propriety of that aspect of the Appellate Division ruling.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.