ORDERED that the judgment is affirmed insofar as appealed from; and it is further,
ORDERED that the order is affirmed; and it is further,
ORDERED that the claimants are awarded one bill of costs.
The State of New York failed to overcome the presumption that the statutory rate of interest of 9% per annum (see, CPLR 5004) was fair and reasonable (see, Auer v. State of New York, 283 A.D.2d 122; Capolino Constr. Corp. v. White Plains Hous. Auth, 275 A.D.2d 347).
SANTUCCI, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.