Smith v Mitchell
Motion No: 2005-06970 +1
Slip Opinion No: 2006 NYSlipOp 60964(U)
Decided on January 23, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35139

O/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-06970, 2005-10054

Jeannine Smith, respondent,

v Leroy Mitchell, et al., appellants.

(Index No. 4286/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, dated June 1, 2005, and October 6, 2005, respectively, for this court to take judicial notice of an order of the same court dated May 11, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court