Gerald W. Bennett plaintiffs, Alan M. Wunderlich, doing business as, Nuclear Laboratory Services, respondent, v. Atomic Products Corporation, et al., appellants

2014-01809 Gerald W. Bennett plaintiffs, Alan M. Wunderlich, doing business as, Nuclear Laboratory Services, respondent, v. Atomic Products Corporation, et al., appellants. (Index No. 29166/96) Motion by the respondent for this 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 thereof on the ground that those portions of the brief raise issues that were determined in the prior appeal. By decision and order on motion of this Court dated August 27, 2014, that branch of the motion which was to strike the appellants' brief or stated portions thereof was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, that branch of the motion which was for this Court to take judicial notice of a prior decision and order of this Court dated June 15, 2010, and the record on that appeal was denied as unnecessary, and the motion was otherwise denied.

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2014-01809 Gerald W. Bennett plaintiffs, Alan M. Wunderlich, doing business as, Nuclear Laboratory Services, respondent, v. Atomic Products Corporation, et al., appellants. (Index No. 29166/96) Motion by the respondent for this 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 thereof on the ground that those portions of the brief raise issues that were determined in the prior appeal. By decision and order on motion of this Court dated August 27, 2014, that branch of the motion which was to strike the appellants’ brief or stated portions thereof was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, that branch of the motion which was for this Court to take judicial notice of a prior decision and order of this Court dated June 15, 2010, and the record on that appeal was denied as unnecessary, and the motion was otherwise denied.

Upon papers filed in support of the motion and the papers filed in opposition or relation thereto, and upon the argument of the appeal, it is

Gerald W. Bennett plaintiffs, Alan M. Wunderlich, doing business as, Nuclear Laboratory Services, respondent, v. Atomic Products Corporation, et al., appellants

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