IN THE MATTER OF THE STATE OF NEW YORK V MICHAEL MOTZER, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPEARTMENT OF
Motion No: CA 09-02318
Slip Opinion No: 2010 NY Slip Op 86970(U)
Decided on November 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.


November 1, 2010

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

CA 09-02318

IN THE MATTER OF THE STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

MICHAEL MOTZER, AN INMATE IN THE CUSTODY OF NEW YORK STATE

DEPEARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-APPELLANT.


Respondent having moved for the Court to take judicial notice of certain administrative records on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 19, 2009,

Now, upon reading and filing the affirmation of Zainab A. Chaudhry, Esq. dated October 1, 2010, the notice of motion with proof of service thereof, the affirmation of Kevin S. Doyle, Esq. dated October 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 1, 2010

Patricia L. Morgan, Clerk