Opinion
152.
October 21, 2010.
Judges Graffeo, Smith and Jones concur.
Judge Ciparick dissents in an opinion in which Chief Judge Lippman and Judge Pigott concur.
Following certification of a question by the Supreme Court of Delaware and acceptance of the question by this Court pursuant to section 500.27 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered in accordance with the opinion herein.