| 128 W. 138th St. HDFC v Wannamaker, Timothy, et al. |
| Motion No: 570546/08 |
| Slip Opinion No: 2008 NYSlipOp 83050(U) |
| Decided on September 16, 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. |
September 16, 2008
128 W. 138th St. HDFC v Wannamaker, Timothy, et al.
It is Ordered that the motion for a stay is granted on the condition that the appellants: 1- pay accruing monthly use and occupancy as previously paid, without prejudice; and 2- perfect the appeal by the December 2008 term - the filing deadline is October 7, 2008. In the event of appellant's failure to comply with the foregoing conditions, the petitioner- landlord may move on five days' notice for an order vacating the stay.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570546/08