Opinion
Argued October 18, 1978
Decided November 28, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT M. QUIGLEY, J.
Richard A. Kerner for appellant.
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice HARRY D. GOLDMAN at the Appellate Division ( 57 A.D.2d 320). We do not reach the question as to whether the Appellate Division was correct in retroactively applying the amendment to the Court of Claims Act pertaining to late filings, inasmuch as the State has not appealed (see Fuoco v State of New York, 64 A.D.2d 1030).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.