
    Town of Caroga, Respondent, v Joseph Herms, Appellant.
    Submitted December 7, 2009;
    decided January 14, 2010
    Reported below, 62 AD3d 1121.
   Motion for reargument of motion for leave to appeal denied with $100 costs and necessary reproduction disbursements [see 13 NY3d 708 (2009)].

Judge Graffeo taking no part.  