8 N.Y.3d 966 (2007)
MITCHELL BENESOWITZ, Appellant,
MITCHELL BENESOWITZ, Appellant,
v.
METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents.
Court of Appeals of the State of New York.
Submitted April 30, 2007. Decided May 3, 2007.Motion by the Life Insurance Council of New York, Inc. for leave to appear amicus curiae on consideration of the certified question herein granted only to the extent that the proposed brief is accepted as filed.