Order
On order of the Court, the application for leave to appeal the December 1, 2011 judgment of the Court of Appeals is considered, and it is DENIED, there being no majority in favor of granting leave to appeal.
MICHAEL F. CAVANAGH, MARILYN J. KELLY, and HATHAWAY, JJ., would grant leave to appeal.
ZAHRA, J., did not participate because earlier in these proceedings he was on the Court of Appeals panel that addressed substantially the same issue...
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