Opinion
November 15, 1988
Appeal from the Court of Claims, Quigley, J.
Present — Dillon, P.J., Doerr, Green, Pine and Balio, JJ.
Order reversed on the law with costs and defendant's motion granted. Same memorandum as in Piccarreto v. State of New York ( 144 A.D.2d 920 [decided herewith]).
All concur, except Doerr and Green, JJ., who dissent and vote to affirm in the same dissenting memorandum as in Piccarreto v State of New York ( 144 A.D.2d 920 [decided herewith]).