9 N.Y.3d 890 (2007)
In the Matter of SHELTON JOHNSON, Respondent,
In the Matter of SHELTON JOHNSON, Respondent,
v.
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Appellants.
Court of Appeals of the State of New York.
Submitted July 9, 2007. Decided September 6, 2007.*891 Motion to expand the record granted and the record deemed expanded.