Opinion
Decided July 10, 2001.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order modified, without costs, by denying defendant's motion to dismiss the complaint insofar as it is brought by plaintiff as a Member of the New York State Assembly and, as so affirmed.
Judge Graffeo dissents and votes to affirm in an opinion.