| MATTER OF JIM LUDTKA SPORTING GOODS, INC. V CITY OF BUFFALO SCHOOL DISTRICT AND DR. JAMES A. WILLIAMS, IN HIS CAPACITY |
| Motion No: CA 07-01327 |
| Slip Opinion No: 2007 NYSlipOp 81916(U) |
| Decided on October 18, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01327
| MATTER OF JIM LUDTKA SPORTING GOODS, INC., PETITIONER-RESPONDENT, V CITY OF BUFFALO SCHOOL DISTRICT AND DR. JAMES A. WILLIAMS, IN HIS CAPACITY AS SUPERINTENDENT OF SCHOOLS FOR CITY OF BUFFALO SCHOOL DISTRICT, RESPONDENTS-APPELLANTS. |
Appellant having moved for an order that this Court take judicial notice of certain documents outside of the record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 16, 2007,
Now, upon reading and filing the affirmation of Denise M. Malican dated
August 27, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Andrew P. Fleming dated September 13, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted (see Matter of Pishotti v New York State Thruway Auth., 38 AD3d 1122, 1122-1123 [2007]).
Entered: October 18, 2007
JoAnn M. Wahl, Clerk