Majority
p. 888City of Syracuse et al., Appellants, v Onondaga County et al., Respondents. Atlantic States Legal Foundation, Inc., et al., Plaintiffs; 2.3 Acres of Land in the City of Syracuse, N.Y., Defendant and Third-Party Defendant. Decided September 4, 2007
Pursuant to the August 13, 2007 order of the United States Court of Appeals for the Second Circuit withdrawing its certification of questions accepted by the Court of Appeals on October 24, 2006, certified questions marked withdrawn [see 7 NY3d 863 ].
Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.