
    City of New York, Respondent, v State of New York, Appellant.
    (Claim No. 54853.)
    Decided February 23, 1982
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General {.Dennis Hurley of counsel), for appellant.
    
      Frederick A. O. Schwarz, Jr., Corporation Counsel {Jerome C. Gilman of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The State’s submission raised no factual issue as to whether the claim in question had been constructively rejected (cf. City of New York v State of New York, 40 NY2d 659).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  