
    Bernard M. Di Matteo et al., Appellants, v State of New York, Respondent.
    (Claim No. 54277.)
    Argued October 19, 1976;
    decided November 30, 1976
    
      
      Nathaniel Rubin for appellants.
    
      Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.
   Order reversed, with costs, and the judgment of the Court of Claims reinstated for the reasons stated in the opinion by Judge Daniel Becker at the Court of Claims.

Concur: Chief Judge Breitel and Judges Gabrielli, Wachtler, Fuchsberg and Cooke. Judges Jasen and Jones dissent and vote to affirm on the opinion by Mr. Justice Michael E. Sweeney at the Appellate Division (49 AD2d 271).  