Opinion
Submitted October 22, 1962
Decided December 31, 1962
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
James O. Moore, Jr., for motion.
Hugh McM. Russ, Jr., and William H. Gardner opposed.
Motion denied.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS concur in the following memorandum: We do not agree that grievous error was committed by the learned Referee in securing a copy of the provisions of the New York City Police Department Rules and Procedures adopted pursuant to law (Public Officers Law, § 66-a). A trial or appellate court may take judicial notice of a rule or regulation of an executive department or officer of any city within the State (Civ. Prac. Act, § 344-a, subd. A, par. 4; Administrative Code of City of New York, § 982-8.0).