Board of Managers of Sea Breeze II Condominium v Kwie
Motion No: 2008-10197
Slip Opinion No: 2009 NY Slip Op 82585(U)
Decided on September 9, 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

M91704

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, 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 respondent pursuant to 22 NYCRR Part 130 to impose a sanction upon the appellant and for an award of costs and an attorney's fee on the ground that her appeal from an order of the Supreme Court, Nassau County, entered September 19, 2008, is frivolous.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court