Otufale, Adegboyega, et al. v Whetstone, Francisca, et al.



Otufale, Adegboyega, et al. v Whetstone, Francisca, et al.
Motion No: 570456/08
Slip Opinion No: 2008 NYSlipOp 78796(U)
Decided on July 29, 2008
Appellate Term, First 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.



July 29, 2008

Otufale, Adegboyega, et al. v Whetstone, Francisca, et al.

It is Ordered that the motion for a stay is granted on condition that the appellants: 1- on or before August 11, 2008, pay the balance due on the judgment [ $14,804.63 ], along with the July and August use and occupancy, to the petitioner, without prejudice; 2- continue to pay for accruing use and occupancy on each subsequent rental due date; and 3- perfect the appeal by the November 2008 term - the filing deadline is September 9, 2008. In the event of appellants' failure to comply with the foregoing conditions, the petitioner may move on five days' notice for an order vacating the stay.

By: McKeon, P.J., Schoenfeld, Heitler, J.J.

Motion No. 570456/08