Cardo v Board of Managers, Jefferson Village Condo 3
Motion No: 2007-11289
Slip Opinion No: 2008 NYSlipOp 81230(U)
Decided on August 27, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74915

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2007-11289

Michael Cardo, appellant,v Board of Managers,

Jefferson Village Condo 3, respondent.

(Index No. 04-9172)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered October 18, 2007, on the ground that the appellant's appendix and brief are inadequate and contain or refer to matter dehors the record.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix and brief are inadequate and contain or refer to matter dehors the record is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., FISHER, DILLON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court