Kaming v. State

— Appeal from an order of the Court of Claims, entered January 4, 1979, which granted the State’s motion to dismiss the claim upon the ground that it fails to state a cause of action, pursuant to CPLR 3211 (subd [a], par 7) and granted claimant leave to replead in accordance with the attendant decision. Order affirmed, without costs. (See Cunningham v State of New York, 71 AD2d 181.) Sweeney, J. P., Kane, Staley, Jr., Main and Herlihy, JJ., concur.