
    Elliot Markowitz, Respondent, v State of New York, Appellant.
    (Claim No. 105735.)
    [874 NYS2d 857] —
   Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered August 31, 2007 in a negligence action. The order, insofar as appealed from, granted the motion of claimant to vacate the note of issue and denied defendant’s motion for a protective order.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.  