Opinion
Decided June 29, 2010.
See 609 F3d 30.
Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
Certification of a question 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.