| 90 N. 1st St. Corp. v Grace Food Dist., Inc. |
| Motion No: 2005-01475 KC |
| Slip Opinion No: 2009 NY Slip Op 76843(U) |
| Decided on June 23, 2009 |
| 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 landlord-respondent seeking in effect to strike the appeal from the general calendar granted.
Those branches of the motion by landlord-respondent seeking to dismiss the appeal and vacate the stay granted unless the appeal is perfected by September 4, 2009.
Cross motion by tenant-appellant for summary reversal and related relief denied.
This court has been advised that a reconstruction hearing was held on May 8, 2008, and that the missing portion of the record was reconstructed. As the minutes of the reconstruction hearing have not been settled and transmitted to this court, the appeal is stricken from the general calendar, and the branches of landlord's motion seeking to dismiss the appeal and vacate the stay are granted unless the appeal is properly perfected by September 4, 2009.