13 N.Y.3d 931 (2010)
895 N.Y.S.2d 308
TOWN OF CAROGA, Respondent,
Mo. No. 2009-1303.
TOWN OF CAROGA, Respondent,
v.
JOSEPH HERMS, Appellant.
Mo. No. 2009-1303.
Court of Appeals of New York.
Submitted December 7, 2009. Decided January 14, 2010.Judge GRAFFEO taking no part.
Motion for reargument of motion for leave to appeal denied with $100 costs and necessary reproduction disbursements [see 13 NY3d 708 (2009)].