Kimmel v. State (261 A.D.2d 846, 1999)

—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.