On November 4, 2010, the Court heard oral argument on the application for leave to appeal the September 10, 2009 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is DENIED, there being no majority in favor of granting leave to appeal or taking other action.
MARILYN J. KELLY, C.J. (concurring).
I concur with the order denying leave to appeal I do not believe that the lower courts misapplied the legal standards...
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