121Court of Appeals of the State of New York.
October 28, 2003.
Chief Judge Kaye and Judges Ciparick, Rosenblatt and Read concur.
Opinion by Judge Graffeo.
Order affirmed.
Judge Smith dissents and votes to reverse in an opinion.
121Court of Appeals of the State of New York.
October 28, 2003.
Chief Judge Kaye and Judges Ciparick, Rosenblatt and Read concur.
Opinion by Judge Graffeo.
Order affirmed.
Judge Smith dissents and votes to reverse in an opinion.