9 N.Y.3d 913 (2007)
MITCHELL BENESOWITZ, Appellant,
MITCHELL BENESOWITZ, Appellant,
v.
METROPOLITAN LIFE INSURANCE COMPANY, Plan Administrator of HONEYWELL LONG TERM DISABILITY INCOME PLAN, et al., Respondents.
Court of Appeals of the State of New York.
Submitted August 6, 2007. Decided September 18, 2007.Motion by the American Council of Life Insurers, et al. for leave to file a brief amici curiae on the motion for reargument herein granted and the brief is accepted as filed.