| Bennett v Atomic Products Corporation |
| Motion No: 2014-01809 |
| Slip Opinion No: 2014 NY Slip Op 81791(U) |
| Decided on August 27, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M179067
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2014-01809 Gerald W. Bennett, plaintiff, Alan Wunderlich, respondent, v Atomic Products Corporation, et al., appellants. (Index No. 29166/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 10, 2013, for the Court to take judicial notice of a prior decision and order of this Court dated June 15, 2010, which determined an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 2009, and the record on that appeal, and to strike the appellants' brief or stated portions of that brief on the ground that those portions of the brief raise issues that were determined in the prior appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to take judicial notice of the decision and order of this Court dated June 15, 2010, is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to strike the appellants' brief or stated portions of that brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., CHAMBERS, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court