| PHILIP ARNO AND MARY ARNO V MARIA CIMATO AND CIMATO BROS. CONSTRUCTION, INC. |
| Motion No: CA 11-00676 |
| Slip Opinion No: 2011 NY Slip Op 75716(U) |
| Decided on June 15, 2011 |
| 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00676
| PHILIP ARNO AND MARY ARNO, PLAINTIFFS-RESPONDENTS, V
MARIA CIMATO AND CIMATO BROS. CONSTRUCTION, INC., DEFENDANTS-APPELLANTS. |
Appellants having moved for an order from this Court taking judicial notice of the record on appeal in Batavia Turf Farms v County of Genesee (239 AD2d 903) on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 24, 2010,
Now, upon reading and filing the affirmation of John C. Garas, Esq. dated May 26, 2011, the notice of motion with proof of service thereof, and the affirmation of Michael Paskowitz, Esq. dated May 27, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to raising the issue in the briefs.
Entered: June 15, 2011
Patricia L. Morgan, Clerk