
    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.
    (Appeal No. 3.)
    [700 NYS2d 911]
   —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.  