WILLIAM E. BURKHART, JR. V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP
Motion No: CA 10-00401
Slip Opinion No: 2010 NY Slip Op 73842(U)
Decided on June 1, 2010
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.


June 1, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00401
DOCKET NO. CA 10-01000

WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT,

V

STEVEN V. MODICA, J. MICHAEL WOOD,

CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP,

AND MERCURY PRINT PRODUCTIONS, INC.,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT,

V

STEVEN V. MODICA, J. MICHAEL WOOD,

CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, MERCURY

PRINT PRODUCTIONS, INC., DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved for the Court to take judicial notice of certian facts on the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Wayne on November 5, 2009 and March 30, 2010,

Now, upon reading and filing the affirmation of William E. Burkhart, Jr., Esq. dated May 5, 2010, the notice of motion with proof of service thereof, the affidavit of Christopher G. Todd, Esq. sworn to May 21, 2010, the affirmation of Thomas B. Cronmiller, Esq. dated May 21, 2010, the affirmation of Jerauld E. Brydges, Esq. dated May 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 1, 2010

Patricia L. Morgan, Clerk