Pursuant to the August 26, 2005 order of the United States Court of Appeals for the Second Circuit withdrawing its certification of questions accepted by the Court of Appeals on June 7, 2005, certified questions marked withdrawn [see 5 NY3d 730].

Concur: Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith. Taking no part: Chief Judge Kaye.