90 N. 1st St. Corp. v Grace Food Dist., Inc.

90 N. 1st St. Corp. v Grace Food Dist., Inc.

Motion No: 2005-01475 KC

Slip Opinion No: 2007 NYSlipOp 74949(U)

Decided on July 17, 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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NO. 2005-1475 K C

90 NORTH 1ST STREET CORP.,

Respondent,

-against-

GRACE FOOD DIST., INC.,

Appellant

-and-

"JOHN DOE" and "JANE DOE",

Undertenants.

DECISION

Motion by tenant-appellant for an enlargement of time to comply with the order of this court dated March 12, 2007 is granted . The stay contained in the order of this court dated September 21, 2006 is continued on condition that appellant perfects the appeal, including settling any and all minutes within 60 days of the date of the order hereon. Appellant shall continue to comply with all the other conditions contained in the order of this court dated September 21, 2006.

In the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.