—Appeal unanimously dismissed without costs. Same Memorandum as in Kimmel v State of New York ([appeal No. 1] 267 AD2d 1079 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Ark, J. — Reargument.) Present — Green, J. P., Hayes, Scudder and Balio, JJ.
Betty L. Kimmel et al., Respondents, v. State of New York et al., Defendants, and David M. Luitweiler, Individually and as First Deputy Superintendent of New York State Police et al., Appellants
267 A.D.2d 1081700 N.Y.S.2d 911
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