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Judicial notice v. CPLR 4518(c)July 18, 2016

Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51081(U)(App. Term 2d Dept, 2016)

Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51083(U)(App. Term 2d Dept. 2016)

I fell victim to 4518(c) and the case on point: Dyer v 930 Flushing, LLC, 118 AD3d 742 [2d Dept. 2014]).  Now that I see this case, I vaguely remember reading Dryer and shaking my head.  Perhaps I should have banged my head against something so I remembered that when I approved the Reply that went out.

The Court now shook its head at me.  The Dryer case found the DOS printouts from the NYS website are not admissible evidence unless certified. (By the way, certifying DOS records is really easy)  What is interesting is that judicial notice will be given to various items on governmental websites, so this case is the analogue of those cases.

I sense at some point, the 4518(c) v. Judicial notice cases will get a “Fontanetta v. Doe, 73 AD3d 78 (2d Dept. 2010)” type treatment and a more solid rule will be created.  As of now, I was on the losing end of this battle.

3 Responses

  1. Anonymous says:

    hOW DOES ONE CERTIFY DOS RECORDS?

  2. NOTMYFAULT says:

    HOW DO YOU CERTIFY THE DOS RECORDS?

    • jtlawadmin says:

      http://www.dos.ny.gov/corps/faq_copies.page.asp

      “How do I obtain copies of documents filed with the Division of Corporations? Include Text
      Copies of any documents (Certificates of Incorporation, Articles of Organization, Certificates of Amendment, etc.) filed with the Division of Corporations may be obtained by submitting a written request to the New York State Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The written request should include the following information:

      The exact name of the corporation or other business entity.
      The DOS ID number or the exact date of formation or authorization.
      The document(s) requested.
      A statement as to whether the request is for plain copies or certified copies.
      The mailing address where the copies are to be mailed.
      The fee for a plain copy of a document is $5, and the fee for a certified copy of a document is $10.

      Copies of documents cannot be ordered through this website, by email or over the telephone.

      The Department of State does not provide copies of filing receipts.

      The Division of Corporations will accept written requests for copies of documents by fax. Fees for written requests received by fax must be paid using your credit card/debit card. To pay for a fee using your credit card/debit card, simply complete and sign the Credit Card/Debit Card Authorization Form (43.9 KB PDF Form, 1 page) and submit it to the Division of Corporations with your written request. Written requests for copies of documents may be faxed to (518) 473-1654.

      The large volume of submissions and requests received each day by the Division makes it impracticable for Division staff to verify receipt of individual customer submissions. Please do not call the Division for verification of receipt after submitting a certificate or request by fax. If you do not receive correspondence from our office after a reasonable period of time has elapsed, you may contact the Division at (518) 473-2492 for further instructions.

      Please note that copies will be returned by first-class mail. We do not provide these copies by fax. You may request that your copies be returned to you by overnight delivery service by enclosing a prepaid shipping label with your request.”

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