| Mary Depaolo v Shatina Thomas & Bruce Edwards |
| Motion No: 2007-00144 QC |
| Slip Opinion No: 2007 NYSlipOp 63204(U) |
| Decided on February 8, 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
| MARY DePAOLO, Respondent, -against- SHATINA THOMAS and BRUCE EDWARDS, Appellants. |
DECISION
Motion by tenants-appellants to be restored to possession of the premises pending determination of the appeal is granted on condition that within 10 days of the date of the order hereon tenants deposit with the court below the sum of $2,200.00 representing use and occupancy for March 2007; otherwise motion denied. Tenants shall be restored to possession forthwith upon making the deposit.
Tenants are directed to continue deposit with the court below any and all arrears in rent and/or use and occupancy from April 1, 2007, at the same rate as it becomes due and to perfect the appeal on or before May 4, 2007.
In the event that any of the conditions for remaining in the premises following restoration are not met, landlord may move in this court for leave to re-execute the warrant of eviction.