
    Mary H. Scally, Appellant, v. State of New York, Respondent.
    (Claim No. 40797.)
    Argued February 18, 1969;
    decided March 5, 1969.
    
      
      Vincent J. Hand and James P. Melton for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Ruth Kessler Toch of counsel), for respondent.
   Concur: Chief Judge Ful» and Judges Burke, Soxleoppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse and to reinstate the judgment of the Court of Claims.  