| 90 N. 1st St. Corp. v Grace Food Dist. Inc. |
| Motion No: 2005-01475 KC |
| Slip Opinion No: 2006 NYSlipOp 77023(U) |
| Decided on September 21, 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 and 11th JUDICIAL DISTRICTS
| 90 NORTH 1ST STREET CORP., Respondent, -against- GRACE FOOD DIST. INC., Appellant, -and- "JOHN DOE" AND "JANE DOE", Undertenants. |
DECISION
That branch of the motion by appellant to reinstate and continue the stay contained in the order of this court dated January 17, 2006, is granted on condition that tenant perfects the appeal by December 1, 2006.
That branch of the motion seeking, in essence, to deem the record settled is denied.
In the event that the appeal is not perfected by December 1, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
Appellant, if so advised, can reconstruct the missing portion of the trial pursuant to CPLR 5525 (d).