Matter of Fells v Hansell
Motion No: 2009-09875
Slip Opinion No: 2010 NY Slip Op 72142(U)
Decided on May 21, 2010
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

M103012

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-09875

In the Matter of Mae Fells, petitioner,

v David A. Hansell, etc., et al., respondents.

(Index No. 9522/09)

DECISION & ORDER ON MOTION

Motion by the respondents David A. Hansell and Richard F. Daines, in effect, for the court to take judicial notice of certain documents annexed to their motion papers as Exhibit B in a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Nassau County, dated August 10, 2009.

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

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court