Matter of Robert v Fondulis
Motion No: 2006-01008
Slip Opinion No: 2007 NYSlipOp 66678(U)
Decided on April 2, 2007
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

M52870

T/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2006-01008

In the Matter of Charles Robert, appellant,

v Coleen M. Fondulis, etc., et al., respondents.

(Index No. 1564/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated December 12, 2005, in effect, to have this court take judicial notice of a summary order of the United States Court of Appeals for the Second Circuit, entered February 15, 2007, in a proceeding entitled Robert v Department of Health & Human Services.

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

ORDERED that the motion is granted, and this court shall take judicial notice of the summary order.

RITTER, J.P., SANTUCCI, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court