Matter of Natural Resources Defense Council, Inc. v N
Motion No: 2007-05076
Slip Opinion No: 2008 NYSlipOp 69097(U)
Decided on April 14, 2008
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

M69003

E/cb

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-05076

In the Matter of Natural Resources Defense

Council, Inc., appellant, v New York State

Department of Environmental Conservation,

et al., respondents.

(Index No. 5752/06)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Queens County, dated April 18, 2007, for the court to take judicial notice of three documents.

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

ORDERED that the motion is granted and the court shall take judicial notice of (1) United States Environmental Protection Agency, NPDES Profile: New York and Indian Country (3/10/05), (2) letter from Carmen Maldonado, Audit Director, State of New York, Office of the State Comptroller, dated April 29, 2005, and (3) Assessment of Public Comments, SPDES Rules Rewrite, Comments of the NY Business Council.

MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court