Opinion
July 12, 1989
Appeal from the Court of Claims, Corbett, J.
Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.
Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the same memorandum as in Marks v State of New York ([appeal No. 1] 152 A.D.2d 930).