Gideon v Flatlands Beverage Distributors, Inc.
Motion No: 2008-02962
Slip Opinion No: 2008 NYSlipOp 82153(U)
Decided on September 10, 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

M75452

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-02962

Yoly Gideon, et al., appellants,

v Flatlands Beverage Distributors, Inc.,

et al., appellants.

(Index No. 15402/06)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2008, inter alia, for the court to take judicial notice of an order of the same court dated May 5, 2008.

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 to take judicial notice of the order dated May 5, 2008, 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.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court