
    Valerie Barrett, as Administratrix of the Estate of Kellian Barrett, Deceased, Respondent, v State of New York, Appellant.
    (Claim No. 74265.)
    Argued October 8, 1991;
    decided November 26, 1991
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.
    
      Martin Diennor and Abraham Fuchsberg for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, and certified question answered in the affirmative, for the reasons stated in the opinion by Justice Thomas R. Sullivan at the Appellate Division (161 AD2d 61).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  