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CITY OF POUGHKEEPSIE v. BLACK

130 A.D.2d 542 (1987)

City of Poughkeepsie, Appellant, v. Michael C. Black, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1987

Ordered that the motion is granted, and the cross motion is denied.

The documents contained in the appendix to the appellant's reply brief were not before the Supreme Court, Dutchess County, and are thus not a proper part of the record on appeal (see, CPLR 5526; Van Dussen-Storto Motor Inn v Rochester Tel. Corp., 63 A.D.2d 244, 251). Further, this court declines to exercise its discretion to take judicial notice of...

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