Drew v Zambaras
Motion No: 2007-06529
Slip Opinion No: 2008 NYSlipOp 81803(U)
Decided on September 5, 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

M75289

E/sl

ROBERT A. SPOLZINO, J.P.

EDWARD D. CARNI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-06529

Elvia Drew, appellant,

v Peter Zambaras, etc., respondent.

(Index No. 27/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered May 1, 2007, on the ground that the appellant's appendix is inadequate and contains matter dehors the record. Cross motion by the appellant pro se, inter alia, to enlarge the record to include a certain videotape and other material, and for poor person relief.

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 is inadequate and contains matter dehors the record is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the cross motion is denied as academic.

SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court