| Almeida Oil Co., Inc. v Singer Holding Corp. |
| Motion No: 2006-09173 |
| Slip Opinion No: 2007 NYSlipOp 75514(U) |
| Decided on August 9, 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. |
Appellate Division: Second Judicial Department
M58321
E/nl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
RUTH C. BALKIN, JJ.
|
2006-09173 Almeida Oil Co., Inc., et al., plaintiffs- respondents, v Singer Holding Corp., defendant third-party plaintiff-appellant- respondent; West Vernon Petroleum Corp., third-party defendant-respondent-appellant. (Index No. 03-01829)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered August 31, 2006, to enlarge the record to include an order of the same court entered December 19, 2006, and the motion papers underlying that order, or, in the alternative, for the court to take judicial notice of the order and motion papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for the court to take judicial notice of the order entered December 19, 2006, and motion papers underlying that order is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court