¶1Order reversed on the law with costs and defendant’s motion granted. Same memorandum as in Piccarreto v State of New York (144 AD2d 920 [decided herewith]).
¶2All concur, except Doerr and Green, JJ., who dissent and vote to affirm in the same dissenting memorandum as in Piccarreto v State of New York (144 AD2d 920 [decided herewith]). (Appeal from order of Court of Claims, Quigley, J.— dismiss complaint.) Present — Dillon, P. J., Doerr, Green, Pine and Balio, JJ.