Kimmel v State of New York (2003 NY Slip Op 20120)

Kimmel v State of New York

2003 NY Slip Op 20120 [2 AD3d 1341]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

Betty L. Kimmel et al., Appellants,
v
State of New York et al., Respondents, et al., Defendants.

—Appeal from those parts of an order of Supreme Court, Monroe County (Lunn, J.), entered August 14, 2002, that, inter alia, dismissed the punitive damages claims against defendants State of New York, New York State Division of State Police, and James W. McMahon, individually and as superintendent of New York State Police.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court, Monroe County, Lunn, J. Present—Green, J.P., Scudder, Gorski, Lawton and Hayes, JJ.