KOENIGSMARK v. STATE OF NEW YORK

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 80 A.D.2d 707).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Judge FUCHSBERG concurs in the following memorandum: Since the very recent decision in Topel v Long Is. Jewish Med. Center ( 55 N.Y.2d 682, 685 [FUCHSBERG, J., dissenting]) would have required that this case be dismissed, not just on the facts as the Court of Claims and the Appellate Division did, but on the law as well, a fortiori, I too vote to affirm though on constraint of that case.