
    Snyder Construction Company, Inc., Respondent, v State of New York, Appellant.
    (Claim No. 62762.)
    Argued February 10,1981;
    decided March 24, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for appellant.
    
      Spencer G. Feldmann for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and motion to dismiss the claim granted for reasons stated in the dissenting opinion by Justice J. Clarence Herlihy at the Appellate Division (73 AD2d 50, 52-55). Question certified answered in the negative.

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