Opinion
Decided September 22, 2009.
See 579 F3d 189.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES. Taking no part: Judge SMITH.
Certification of questions by the United States Court of Appeals 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.