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DAVID SZMANIA et al., Appellants, v. STATE OF NEW YORK, Respondent. (Claim No. 111596.) (Appeal No. 1.).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Szmania v State of New York ( 82 AD3d 1688).

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SZMANIA v. STATE
(Mar 25, 2011)