Matter of Henke v City of Newburgh, New York
Motion No: 2009-02029
Slip Opinion No: 2009 NY Slip Op 91387(U)
Decided on December 15, 2009
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

M95992

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-02029

In the Matter of George A. Henke, Jr.,

appellant, v City of Newburgh, New York,

respondent.

(Index No. 08-8094)

DECISION & ORDER ON MOTION

Motion by the respondent for the court to take judicial notice of certain material on an appeal from a judgment of the Supreme Court, Orange County, dated February 25, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary as the material in the respondent's appendix is part of the record on appeal.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court