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Full opinion text

Motion for reargument denied with $100 costs and necessary reproduction disbursements [see 17 NY3d 428 (2011)].

Concur: Judges Ciparick, Graffeo, Read, Pigott, Jones, Prudenti and Mercure.

Taking no part: Chief Judge Lippman and Judge Smith.

Designated pursuant to NY Constitution, article VI, § 2.