An appeal by the State to the Appellate Division followed but upon the claimant's motion was dismissed by an order upon which judgment was thereafter entered in the office of the clerk of the Court of Claims. At that stage, it will be observed, the claimant had acquired the equivalent of a final judgment of affirmance in its favor by the Appellate Division. Hence the State was quite in order when it appealed from that judgment to this court as of right, two Justices of the Appellate Division having dissented (see Stevens v. Central Nat. Bank, 162 N.Y. 253, 168 N.Y. 560; Matter of City of New York [ New Court House], 216 N.Y. 489; Silverstein v. Standard Accident Ins. Co., 221 N.Y. 332; Borenstein v. Borenstein, 272 N.Y. 407 ; Civ. Prac. Act, § 588, subd. 1, cl. [b]). Accordingly, we heretofore denied a motion by the claimant for dismissal of the appeal so taken by the State ( 298 N.Y. 860) and the appeal having since been argued before us, we now pass to a determination of the merits. The material facts admit of a short statement.