
    Buffalo Crushed Stone, Inc., Appellant, v Town of Cheektowaga, Respondent.
    Submitted May 4, 2009;
    decided May 7, 2009
   Motion by New York State Construction Materials Association, Inc. for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and 24 copies filed within seven days.  