13 N.Y.3d 808 (2009)
BUFFALO CRUSHED STONE, INC., Appellant,
BUFFALO CRUSHED STONE, INC., Appellant,
v.
TOWN OF CHEEKTOWAGA, Respondent.
Court of Appeals of New York.
Submitted August 17, 2009. Decided October 15, 2009.Motion for reargument denied [see 13 NY3d 88 (2009)].