
    Paul H. Bird, Respondent, v. New York State Thruway Authority, Appellant.
    (Claim No. 33733.)
    Argued April 2, 1962;
    decided April 26, 1962.
    
      
      Louis J. Lefkowitz, Attorney-General (M. James Conboy of counsel), for appellant.
    
      John T. DeGraff, John E. Holt-Harris, Jr., and John T. DeGraff, Jr., for respondent.
   Concur: Chief Judge Desmond and Judges Fuld, Froessel, Burke and Foster. Judges Dye and Van Voorhis dissent and vote to reverse and to dismiss the claim upon the ground that plaintiff was a special employee of appellant.  