9 N.Y.3d 954 (2007)
In the Matter of DOMINICK GIAQUINTO, Appellant,
In the Matter of DOMINICK GIAQUINTO, Appellant,
v.
COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, Respondent, et al., Respondent.
Court of Appeals of the State of New York.
Submitted August 27, 2007. Decided October 23, 2007.Motion by the National Center for Law and Economic Justice, Inc. for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.