36.Court of Appeals of the State of New York.
March 24, 2011.
Opinion by Chief Judge LIPPMAN.
Judges Ciparick, Graffeo, Pigott and Jones concur.
Judge Smith dissents and votes to reverse in an opinion in which Judge Read concurs.
Order modified, without costs, by granting the motion of Cooke Center for Learning and Development to dismiss the petition as against it, and, as so modified, affirmed. Certified question answered in the negative.
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