Herczl v Feinsilver
Motion No: 2015-01716
Slip Opinion No: 2016 NY Slip Op 62096(U)
Decided on January 22, 2016
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

M205084

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-01716

Aron Herczl, respondent,

v David Feinsilver, et al., appellants,

et al., defendant.

(Index No. 504440/13)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 11, 2014, for this Court to take judicial notice of an order of the same court dated June 6, 2014, entered in the above-entitled action and, in effect, to dismiss the 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 for the Court to take judicial notice of the order dated June 6, 2014, is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is denied.

BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court