Wynne v. Destaso

*842In an action to recover for damage to real property, the defendants State of New York and the New York State Department of Environmental Conservation appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated July 9, 2002, as denied their motion pursuant to CPLR 3211 (a) (2) to dismiss the complaint insofar as asserted against them and granted the plaintiffs’ cross motion pursuant to CPLR 325 (a) to remove the action to the Court of Claims.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The…