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Orderunanimously modified in accordance with memorándum, and, as modified, affirmed, without costs, and matter remitted to court of claims for entry of judgment in accordance with the terms of the stipulation, as amended, of the parties hereto. Same memorandum as in Depo & Sons v State of New York (58 AD2d 1002). (Appeal from order of Court of Claims—dismiss claims.) Present—Moule, J. P., Cardamone, Simons and Dillon, JJ.