| 701 Empire Blvd., LLC v Sara Sweet |
| Motion No: 2005-01756 KC |
| Slip Opinion No: 2006 NYSlipOp 75685(U) |
| Decided on September 18, 2006 |
| 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. |
APPELLATE TERM: 2nd and11th JUDICIAL DISTRICTS
| 701 EMPIRE BOULEVARD, LLC, Respondent, -against- SARA SWEET, Appellant. |
DECISION
Motions by landlord-respondent (1) to vacate the stay pending appeal or, in the alternative, to enlarge the time for landlord-respondent to serve and file its respondent's brief, and (2) to deem the respondent's brief timely filed, are consolidated for the purpose of disposition.
That branch of landlord-respondent's motion seeking to vacate the stay denied as moot. That branch of landlord-respondent's motion for an enlargement of time to submit a respondent's brief is granted, and said brief shall be served and filed by respondent within 21 days of the date of the order hereon. Tenant-appellant, if she be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this order. Motion to deem the respondent's brief timely filed denied.
Under the terms of this court's order dated February 17, 2006, the stay automatically vacated upon tenant's failure to comply with the conditions set forth therein.