| Board of Mgrs. of 2900 Ocean Condominium v Stacy Makhnevich |
| Motion No: 2019-01400 KC |
| Slip Opinion No: 2019 NY Slip Op 80112(U) |
| Decided on September 13, 2019 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The Board of Managers of the 2900 Ocean Condominium, Respondent, v Stacy Makhnevich, Appellant. |
Motion by appellant for the issuance of Appellate Term docket numbers for separate appeals from decisions of the Civil Court of the City of New York, Kings County, dated December 21, 2019 and January 3, 2019, respectively, and for permission to file an appellant's brief with respect to the appeals from the decisions. Cross motion by respondent to dismiss the appeal from the decision dated January 3, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion, it is
ORDERED that the branch of appellant's motion seeking the issuance of Appellate Term docket numbers is denied as unnecessary, as the requested docket numbers have been issued; and it is further,
ORDERED that the branch of appellant's motion seeking permission to file an appellant's brief is denied as premature, as the record has not been received by this court; and it is further,
ORDERED that the cross motion to dismiss the appeal from the decision dated January 3, 2019 is granted and that appeal is dismissed except insofar as the appeal brings up for review the denial of appellant's request for an adjournment of the attorney's fees hearing (see CPLR 5511; Wallace v Wallace, 172 AD3d 1433 [2019]); and it is further,
ORDERED, on the court's own motion, that the notices of appeals from the decisions dated December 21, 2018 and January 3, 2019 are deemed premature notices of appeal from a judgment of that court entered August 29, 2019 upon the decisions (see CPLR 5520 [c]).
ENTER:
Paul Kenny Chief Clerk