
    Arthur Jenkins, Appellant, v State of New York, Respondent.
    (Claim No. 106790.)
    [825 NYS2d 651]
   Appeal from an order of the Court of Claims (Philip J. Patti, J), entered April 28, 2005. The order granted defendant’s motion for summary judgment and dismissed the claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P, Martoche, Smith, Green and Pine, JJ.  