
13 N.Y.3d 808 (2009)
BUFFALO CRUSHED STONE, INC., Appellant,
v.
TOWN OF CHEEKTOWAGA, Respondent.
Court of Appeals of New York.
Submitted August 17, 2009.
Decided October 15, 2009.
Motion for reargument denied [see 13 NY3d 88 (2009)].
