Opinion
Decided August 25, 2005.
Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH, concur.
Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of the Rules of the Court of Appeals ( 22 NYCRR 500.17), accepted and the issues presented are to be considered after briefing and argument.