Majority
p. 846Betty L. Kimmel et al., Appellants-Respondents, v State of New York et al., Respondents-Appellants. (Appeal No. 2.) [689 NYS2d 908]
—Amended order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the same Memorandum as in Kimmel v State of New York ( 261 AD2d 843 [decided herewith]). (Appeals from Amended Order of Supreme Court, Monroe County, Calvaruso, J. — Renewal.) Present — Denman, P. J., Green, Pine, Lawton and Hurlbutt, JJ.