Board of Managers of Sea Breeze II Condominium v
Motion No: 2008-10197
Slip Opinion No: 2010 NY Slip Op 75614(U)
Decided on June 29, 2010
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

M104806

E/ct

JOSEPH COVELLO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, 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 for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered October 23, 2008, which was determined by decision and order of this court dated April 6, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and for leave to reargue the respondent's motion 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 was frivolous which was determined by decision and order on motion of this court also dated April 6, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.

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

ORDERED that the motion is denied, with $100 costs.

COVELLO, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court