
    Timothy L. McDonald, Appellant, v State of New York, Respondent.
    (Claim No. 73378.)
   Appeal by the claimant from a judgment of the Court of Claims (McCabe, J.), dated January 8, 1990.

Ordered that the judgment is affirmed, with costs, for reasons stated by Judge McCabe at the Court of Claims in his memorandum decision dated December 12, 1989. Harwood, J. P., Balletta, Rosenblatt and Copertino, JJ., concur.  