THE PEOPLE EX REL. LARRY ROSS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 08-01265
Slip Opinion No: 2009 NY Slip Op 81562(U)
Decided on August 24, 2009
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.


August 24, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

KAH 08-01265
Index No: 2007-1329

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

LARRY ROSS, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for this Court to take judicial notice of certain documents outside of the record on the appeal taken from an order of Supreme Court, Cayuga County, entered May 20, 2008,

Now, upon reading and filing the affirmation of Rajit S. Dosanjh, dated July 14, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that this Court will take judicial notice of the caption sheet of indictment 8819-93 (i.e., the first page of exhibit C to the affirmation of Rajit S. Dosanjh, dated July 14, 2009), and

It is further ORDERED that the motion is otherwise denied.

Entered: August 24, 2009

Patricia L. Morgan, Clerk