SHEPPARD-MOBLEY v. KING, No. 49 (N.Y. 5-10-2005)

Opinion by Judge G.B. SMITH.

Order modified, without costs, and case remitted to Supreme Court, Kings County, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Certified question answered in the negative.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.