MATTER OF NORTH WHITE AUTO, INC. v. CLEM

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

Ordered that the motion is denied.

Insofar as the matters alleged to be dehors the record, although not submitted to the court of first instance, are matters of public record they may be judicially noticed ( see, Brandes Meat Corp. v. Cromer, 146 A.D.2d 666, 667; see also, Crawford v. Merrill Lynch, Pierce, Fenner Smith, 35 N.Y.2d 291, 298-299). Miller, J.P., Copertino, Santucci and Altman, JJ., concur.