¶1Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered *1236February 21, 2007. The order, insofar as appealed from, denied the cross motion of defendant to dismiss the claim.
¶2It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Scott v State of New York, 18 Misc 3d 455 [2006], affd for reasons stated 46 AD3d 664 [2007]). Present—Scudder, P.J., Hurlbutt, Smith, Green and Gorski, JJ.