Wilson v Erra
Motion No: 2011-01513
Slip Opinion No: 2011 NY Slip Op 91187(U)
Decided on November 30, 2011
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

M129476

E/ct

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-01513

Abdullah Wilson, etc., appellant,

v Roger Erra, et al., respondents.

(Index No. 33173/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, entered January 19, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondents to dismiss the appeal on the ground that the record on appeal is inadequate and contains matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for that relief (see CPLR 8022[b]).

DILLON, J.P., ENG, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court