Board of Managers of Sea Breeze II Condominium v Kwie
Motion No: 2008-10197
Slip Opinion No: 2009 NY Slip Op 79992(U)
Decided on August 7, 2009
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

M90474

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-10197

Board of Managers of Sea Breeze II

Condominium, respondent, v Joyce

Kwiecinski, appellant.

(Index No. 1504/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, entered September 19, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix.

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

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

ORDERED that on the court's own motion, the notice of appeal from the order entered September 19, 2008, is deemed to be a notice of appeal from a judgment entered October 23, 2008 (see CPLR 5512[a]); and it is further,

ORDERED that on or before August 28, 2009, the appellant shall serve and file a supplemental appendix containing the judgment entered October 23, 2008; and it is further,

ORDERED that the certification requirements of 22 NYCRR 670.10.2(f) are waived for the supplemental appendix.

FISHER, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court