
    In the Matter of Dominick Giaquinto, Appellant, v Commissioner of New York State Department of Health, Respondent, et al., Respondent.
    Submitted August 27, 2007;
    decided October 23, 2007
    Reported below, 39 AD3d 922.
   Motion by the Empire Justice Center for leave to file a brief amicus curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.  