Opinion
October 30, 1957
Appeal from the Court of Claims.
Present — Vaughan, J.P., Kimball, Williams, Bastow and Goldman, JJ. [ 5 Misc.2d 841.]
Judgment insofar as appealed from modified on the law in accordance with the memorandum and as modified affirmed, with costs to the claimant. Appeal from order dismissed as academic. Memorandum: The judgment insofar as appealed from should be modified to conform with the rule laid down in Vescera v. State of New York ( 3 A.D.2d 644). All concur.