
    Samuel Russotti, Respondent, v State of New York, Appellant.
    (Claim No. 74234.)
   Order reversed on the law with costs and defendant’s motion granted. Same memorandum as in Piccarreto v State of New York (144 AD2d 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 AD2d 920 [decided herewith]). (Appeal from order of Court of Claims, Quigley, J.— dismiss complaint.) Present — Dillon, P. J., Doerr, Green, Pine and Balio, JJ.  