
2 N.Y.3d 793 (2004)
In the Matter of PAUL SMITH et al., Appellants,
v.
TOWN OF MENDON et al., Respondents.
Court of Appeals of the State of New York.
Submitted April 5, 2004.
Decided May 13, 2004.
Motion by Pacific Legal Foundation for leave to file a brief amicus curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.
