| 90 N. 1st St. Corp. v Grace Food Dist., Inc. |
| Motion No: 2005-01475 KC |
| Slip Opinion No: 2007 NYSlipOp 85889(U) |
| Decided on December 10, 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 landlord-respondent to vacate the stay contained in the order of this court dated January 17, 2006, dismiss the appeal and for other relief is denied without prejudice to landlord-respondent seeking appropriate relief in the court below.
On the court's own motion, landlord-respondent's time to serve and file a respondent's brief is enlarged to 60 days from the date of this order.
This court is bound by a settled record (see Browne v Leino, 6 Misc 3d 131[A], 2005 NY Slip Op 50079[U] [App Term, 9th & 10th Jud Dists]). In view of the objections raised by landlord-respondent to the propriety of the settlement, landlord-respondent may, if it be so advised, move in the court below to set aside the settlement. Accordingly, landlord-respondent's time to file a respondent's brief is enlarged to 60 days after the date of this order.