Opinion
February 3, 1950.
Dorwin W. Bulson for claimant.
Nathaniel L. Goldstein, Attorney-General ( Robert J. Cooney, Jr., of counsel), for defendant.
The above-entitled motion seeking permission to file a claim for damages allegedly sustained through the negligence of the operator of a truck maintained by the New York National Guard must be denied upon the authority of Goldstein v. State of New York ( 281 N.Y. 396); Kiely v. State of New York (Ct. of Claims, Oct. 4, 1949, GREENBERG, J.), and Newiadony v. State of New York ( 276 A.D. 59).
Order accordingly.