9 N.Y.3d 986 (2007)
MARY MCKINNEY et al., Appellants,
MARY MCKINNEY et al., Appellants,
v.
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.
Court of Appeals of the State of New York.
Submitted October 15, 2007. Decided November 27, 2007.Motion by the Association of the Bar of the City of New York for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.