
    Hudson Valley Sand and Stone Company, Inc., Appellant, v State of New York, Respondent.
    (Claim No. 58378.)
    Argued March 29,1978;
    decided May 9, 1978
    
      APPEARANCES OF COUNSEL
    
      Patrick J. Keniry for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, without costs, on the opinion by Mr. Justice Louis M. Greenblott at the Appellate Division (57 AD2d 344).

Concur: Chief Judge Breitel and Judges Jasen, Jones, Fuchsberg and Cooke. Judges Gabrielli and Wachtler dissent and vote to reverse on the concurring in part and dissenting in part opinion by Mr. Justice Robert G. Main at the Appellate Division (57 AD2d, at pp 347-348).  