
    Donald L. Sparks, Individually and as Administrator of the Estate of Arlene I. Sparks, Deceased, Respondent, v State of New York, Appellant.
    (Claim No. 44929)
    Argued May 6, 1976;
    decided June 3, 1976
    
      
      Louis J. Lefkowitz, Attorney-General (Vernon Stuart and Ruth Kessler Toch of counsel), for appellant.
    
      Benjamin C. Perreault for respondent.
   Order affirmed, with costs, on the opinion by Mr. Justice Reid S. Moule at the Appellate Division (48 AD2d 236).

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