Majority
p. 1085Rocky Point Drive-In, L.P, Appellant, v Town of Brookhaven et al., Respondents. Submitted August 20, 2012; decided October 25, 2012
Motion by Long Island Builders Institute, Inc. for leave to appear amicus curiae on the motion for leave to appeal herein granted only to the extent that the proposed affirmation is accepted as filed, and for leave to appear amicus curiae on the appeal herein granted only to the extent that three copies of a brief may be served and 19 copies filed within 30 days.