| Drew v Zambaras |
| Motion No: 2007-06529 |
| Slip Opinion No: 2008 NYSlipOp 88041(U) |
| Decided on October 31, 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. |
Appellate Division: Second Judicial Department
M77942
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 appellant to recall and vacate so much of a decision and order on motion of this court dated September 5, 2008, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered May 1, 2007, on the ground that the appellant's appendix was inadequate and contained matter dehors the record, to reinstate the appeal, 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 motion is denied.
SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court