10 N.Y.3d 729 (2008)
In the Matter of ADULT HOME AT ERIE STATION, INC., Respondent,
In the Matter of ADULT HOME AT ERIE STATION, INC., Respondent,
v.
ASSESSOR AND BOARD OF ASSESSMENT REVIEW OF CITY OF MIDDLETOWN et al., Appellants.
Court of Appeals of the State of New York.
Submitted February 4, 2008. Decided February 7, 2008.Motion by New York State Assessor Association for leave to *730 file a brief amicus curiae on the appeal herein dismissed as untimely (see Rules of Ct of Appeals [22 NYCRR] § 500.23 [a] [3]).