Opinion
Submitted September 8, 2006.
Decided September 19, 2006.
Before: Concur: Chief Judge KAYE and Judges G.B. SMITH, CLPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH.
Certification of question by the United States Court of Ap-peals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals ( 22 NYCRR 500.27), accepted and the issues presented are to be considered after briefing and argument.