
    Donald J. O’Mara III et al., Respondents, v Town of Wappinger, Appellant.
    Submitted April 23, 2007;
    decided May 1, 2007
   Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NCYRR 500.27), accepted and the issues presented are to be considered after briefing and argument.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  