
    John Barna, as Administrator of the Estate of Pauline S. Barna, Deceased, Respondent, v. The State of New York, Appellant. Catherine G. Macken, as Administratrix of the Estate of Hugh A. Macken, Deceased, Respondent, v. The State of New York, Appellant.
    (Claim No. 24069.)
    (Claim No. 24070.)
    Argued November 17, 1944;
    decided December 30, 1944.
    
      
      Nathaniel L. Goldstein, Attorney-General (Arthur W. Matt-son, Orrin G. Judd, Adrian K. King and Marvin P. Lazarus of counsel), for appellant.
    
      John J. Conway for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Loughran, Lewis, Conway, Desmond and

Thacher, JJ. Lehman, Ch. J., and Rippey, J., dissent and vote to reverse the judgment of the Appellate Division and to reinstate the judgment of the Court of Claims.  