Northfield Insurance Company v Model Towing and Reco
Motion No: 2008-08292
Slip Opinion No: 2009 NYSlipOp 93454(U)
Decided on January 2, 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

M80641

E/sl

REINALDO E. RIVERA, J.P.

EDWARD D. CARNI

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-08292

Northfield Insurance Company, etc., respondent,

v Model Towing and Recovery, appellant, et al.,

defendants

(and third-party actions).

(Index No. 14043/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered August 21, 2008, for the court to take judicial notice of an order of the same court dated December 4, 2008.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., CARNI, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court