| 90 N. 1st St. Corp. v Grace Food Dist., Inc. |
| Motion No: 2005-01475 KC |
| Slip Opinion No: 2007 NYSlipOp 61593(U) |
| Decided on January 18, 2007 |
| 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
Motion by respondent to vacate stay pending appeal, to deem appellant's service and filing of its brief a nullity and to dismiss appeal for failure to perfect is denied in all respects.
On the court's own motion, respondent is granted an enlargement of time to submit a respondent's brief, if it be so advised, and said brief shall be served and filed by respondent within 21 days of the date of the order hereon. Appellant, if it 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.