Opinion
No. 203.
Decided August 31, 2010.
See 597 F3d 115.
Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
Pursuant to the August 20, 2010 order of the United States Court of Appeals for the Second Circuit withdrawing its certification of questions accepted by the Court of Appeals on May 11, 2010 [ see 14 NY3d 880 (2010)], certified questions marked withdrawn.