Opinion
February 2, 1998
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeals, it is
Ordered that the motion is granted, and the above mentioned portions of the brief and appendix are deemed stricken and have not been considered in the determination of the appeals.
While this Court may take judicial notice of matters of public record ( see, Matter of Chasalow v. Board of Assessors) 176 A.D.2d 800; Brandes Meat Corp. v. Cromer, 146 A.D.2d 666), it would be improper to consider evidence of the shareholder's derivative action commenced by the respondents herein after the issuance of the orders which are the subject of those appeals ( see, Gintell v. Coleman, 136 A.D.2d 515; Allstate Ins. Co. v. Hertz Corp., 119 A.D.2d 612).
Joy, J. P., Krausman, Florio and McGinity, JJ., concur.