| Mary Depaolo v Shatina Thomas & Bruce Edwards |
| Motion No: 2007-00144 QC |
| Slip Opinion No: 2007 NYSlipOp 77543(U) |
| Decided on September 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
| MARY DePAOLO, Respondent, -against- SHATINA THOMAS and BRUCE EDWARDS, Appellants. |
DECISION
That branch of the motion by landlord-respondent for leave to re-execute the warrant of eviction is denied on condition that tenants perfect the appeal by October 5, 2007 and continue to comply with all the other conditions of the order of this court dated February 9, 2007.
That branch of the motion to dismiss appeal for failure to prosecute is denied and the appeal shall be perfected by tenants-appellants by October 5, 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.
Ordered that in the event the appeal is not perfected on or before October 5, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.