Opinion
Argued September 3, 1981
Decided October 13, 1981
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT A. DE IORIO, J.
Dennis H. Cleary for appellant. Robert Abrams, Attorney-General (Stanley Fishman and Shirley Adelson Siegel of counsel), for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court ( 77 A.D.2d 794). We note that claimant's application for permission to file a late claim stating a cause of action for trespass arising out of the same transactions was denied. The issues presented on that application were not before the Appellate Division and are not now before us, and appellant now presses only a claim grounded in the theory of de facto appropriation. Accordingly, we do not reach the trespass issues.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.