Upon the papers filed in support of the motion and cross motion, the papers filed in opposition thereto, and upon the argument of the appeal and cross appeal, it is
Ordered that the motion is granted; and it is further,
Ordered that the branch of the cross motion which is for this Court to take judicial notice of the record on appeal in Riverview Partners v City of Peekskill is granted, for the limited purpose of ascertaining the relevant chronology of events and the stated positions of municipal and state officials with respect to the issues raised on that appeal in accordance herewith; and it is further,
Ordered that the branch of the cross motion which is to strike those portions of the brief of the respondent-appellant which refer to the record on appeal in Riverview Partners v City of Peeks-kill is denied as academic.
“In New York, courts may take judicial notice of a record in the same court of either the pending matter or of some other action” (Sam & Mary Hous. Corp. v Jo/Sal Mkt. Corp., 100 AD2d 901, 903 [1984], affd 64 NY2d 1107 [1985]; see Matter of Allen v Strough, 301 AD2d 11, 18 [2002]; Matter of Currier [Woodlawn Cemetery], 300 NY 162, 170 [1949]; Matter of Ordway, 196 NY 95 [1909]; Matter of Wesley R., 307 AD2d 360 [2003]; New York State Dam Ltd. Partnership v Niagara Mohawk Power Corp., 222 AD2d 792 [1995]; Schmidt v Magnetic Head Corp., 97 AD2d 151, 158 n 3 [1983]; Rossbach v Rosenblum, 260 App Div 206 [1940], affd 284 NY 745 [1940]; Prince, Richardson on Evidence § 30, at 18 [10th ed]).
