Other friends who had climbed down to the lower pool said they decided the water was too high and dangerous for swimming.

Altschuler's brother, Benjamin, said he "yelled for my brother and told him not to jump because of how strong the current looked. After I said this, he jumped in anyway."

Forest rangers, including Fred Larow, DEC supervisor in the rescue/recovery operation that day, said the water level was "uncharacteristically high," creating hydraulic conditions he defined as the "Maytag effect."

Larow described how the strong current crashed into the rocks, "forcing air into the water. The water is churning, then is strong enough to pull swimmers under the water."

Families of the deceased teens claimed the state failed to afford "reasonable care" by not marking the Adirondack swimming hole with clear warning signs.

In the Court of Claims decision, Judge Milano found "a question of fact exists as to whether the decedents were aware of the magnitude of the danger posed by the aerated hydraulic in the whirlpool."

But Appellate Court judges said the case turned on the location and appearance of the whirlpool area.

"While the main swimming hole commonly used by visitors at Split Rock Falls is located near a main highway, the whirlpool area where the deaths occurred is not a high-use area, nor is it easily accessible from this point."

The lower pool is nearly a quarter mile downstream and is not connected to the upper swimming hole by a footpath.

"There are only two means of reaching it, either by maneuvering along the rocky shoreline, as the small group of counselors did in this case, or by cutting down a steep embankment through the woods."

Appellate judges said evidence shows the teens were aware of the danger presented by turbulent water, based on both testimony and "compelling photographic" evidence.

"The unknown mechanics of the whirlpool do not transform it into a latent danger imposing a heightened duty on defendant (the state)," the appeals court justices said.

"We find the defendant cannot be held liable for negligence or wrongful death under the particular circumstances presented."

Attorney Matthew Gaier from Kramer, Dillof, Livingston and Moore in New York City, who is representing the victims' families, could not be reached Tuesday for comment.

kdedam@pressrepublican.com