Cohen v Wallace & Minchenberg
Motion No: 2005-03298
Slip Opinion No: 2006 NYSlipOp 72550(U)
Decided on July 24, 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

M42472

T/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-03298

Bennett Cohen, respondent-appellant, v

Wallace & Minchenberg, et al., appellants-

respondents, et al., respondents.

(Index No. 29307/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, in effect, to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005, to include certain documents, and cross motion by the appellants-respondents, in effect, in the event that the motion is granted, for this court to take judicial notice of certain proceedings which took place in an action entitled Cohen v Maintenance Co., pending in the Supreme Court, Queens County, under Index No. 3545/92.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court