| Board of Mgrs. of 2900 Ocean Condominium v Stacy Makhnevich |
| Motion No: 2019-01400 KC |
| Slip Opinion No: 2021 NY Slip Op 63579(U) |
| Decided on March 12, 2021 |
| 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
THOMAS P. ALIOTTA, P.J.
MICHELLE WESTON
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| The Board of Managers of the 2900 Ocean Condominium, Respondent, v Stacy Makhnevich, Appellant. |
Motion by appellant seeking permission to file an appellant's brief and, in effect, an enlargement of time to perfect an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 29, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is denied as premature.
Pursuant to the Rules of the Appellate Term for the 2nd, 11th & 13th Judicial Districts (22 NYCRR) §§ 731.8 (a) and 731.4 (a)(1), appellant's time to perfect the appeal does not begin to run until a record on appeal has been filed with the clerk of this court. Inasmuch as the record on appeal has not been filed to date, the motion is premature. However, we note that the transcript of the December 20, 2018 hearing is required to perfect this limited appeal, since one of the issues permitted by the appeal is the denial of appellant's request for an adjournment, which was denied at that court appearance.
ENTER:
Paul Kenny
Chief Clerk