
    Jules Musinger, Respondent, v State of New York, Appellant.
    (Appeal No. 2.)
   Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the same memorandum as in Marks v State of New York ([appeal No. 1] 152 AD2d 930). (Appeal from judgment of Court of Claims, Corbett, J. — appropriation.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.  