Opinion
February 8, 2001.
Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about September 29, 1999, which granted defendant Clara Reiss's motion to amend her verified answer and for summary judgment on her second counterclaim and dismissing plaintiff's sixth and seventh causes of action, unanimously dismissed, without costs.
ROBERT REISS, Pro Se.
Robert Frederic Martin, for defendants-respondents.
Before: Sullivan, P.J., Rosenberger, Mazzarelli, Lerner, Buckley, JJ.
Plaintiff's appendix does not contain all of the relevant and necessary portions of the record, thus rendering a determination of the appeal on the merits impracticable. Accordingly, the appeal is dismissed (see, CPLR 5528 [a][5]; Matter of Essenberg v. MacKay, 272 A.D.2d 543;Patel v. Patel, 270 A.D.2d 241, appeal dismissed 94 N.Y.2d 938). In any event, based on the materials submitted, there is no basis upon which to disturb the order.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.