In the Matter of Whitmier & Ferris Co., Inc., v. R. Burdell Bixby, et al., Individually and Constituting the New York State Thruway Authority, Respondents, 21 A.D.2d 738

Judgment unanimously affirmed, with costs. Memorandum: The petition does not state facts sufficient to entitle appellant to the relief demanded therein and was properly dismissed. (Appeal from a judgment of Erie Special Term dismissing the petition.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.