Matter of Whittaker v New York City Board of Education
Motion No: 2009-03003
Slip Opinion No: 2009 NY Slip Op 84449(U)
Decided on September 25, 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

M92441

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-03003

In the Matter of Tamika Whittaker, etc., appellant,

v New York City Board of Education, respondent.

(Index No. 27056/08)

DECISION & ORDER ON MOTION

Appeal by the petitioner from an order of the Supreme Court, Queens County, dated February 5, 2009.

Now, on the court's own motion, it is

ORDERED that the notice of appeal from the order dated February 5, 2009, is deemed to be a premature notice of appeal from a judgment entered April 8, 2009 (see CPLR 5520[c]).

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court