
    Cathedral Academy, Appellant, v State of New York, Respondent.
    (Claim No. 56557.)
    Argued June 7, 1976;
    decided July 13, 1976
    
      
      Richard E. Nolan, Thomas J. Aquilino, Jr., and Lowell Gordon Harriss for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Jean M. Coon, Ruth Kessler Toch and Kenneth J. Connolly of counsel), for respondent.
   Order reversed, with costs, and the claim reinstated on the dissenting opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (47 AD2d 390, 396).

Concur: Judges Gabrielli, Wachtler, Fuchsberg and Cooke. Chief Judge Breitel and Judges Jasen and Jones dissent and vote to affirm on the opinion by Mr. Justice Louis M. Greenblott at the Appellate Division.  