Opinion
May 11, 2000.
Appeal from order, Supreme Court, Bronx County (George FRIEDMAN, J.), entered April 14, 1999, unanimously withdrawn in accordance with the terms of the stipulation of the parties hereto. No opinion. Order filed.
ROSENBERGER, J.P., NARDELLI, TOM, WALLACH, SAXE, JJ.
DECISION ORDER ON MOTION
Motion by the respondent on an appeal from an order of the Court of Claims, dated January 13, 1999, for this court to take judicial notice of the New York State Comptroller's payment file. By decision and order on motion of this court dated August 30, 1999, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied as academic, in light of the determination on the appeal (see, Genao v. State of New York, ___ A.D.2d ___ [decided herewith]).
O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.