Appeal and cross appeal from a judgment of the Court of Claims (Richard E. Sise, J.), entered May 4, 2004. The interlocutory judgment ordered that a trial on the issue of damages be scheduled.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in Bradford v State of New York (17 AD3d 995 [2005]). Present—Pigott, Jr., P.J., Green, Gorski, Smith and Lawton, JJ.