
    Thomas Baker, on Behalf of Himself and All Others Similarly Situated, et al., Plaintiffs, v Health Management Systems, Inc., et al., Respondents, and Phillip Siegel, Appellant.
    Decided September 20, 2001
   Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of the Rules of the Court of Appeals (22 NYCRR 500.17), accepted and the issues presented are to be considered after briefing and argument [see, 264 F3d 144].

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.  