361 W. 121st

Motion No: 570685/08

Slip Opinion No: 2008 NYSlipOp 89971(U)

Decided on November 24, 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.

November 24, 2008

361 W. 121st

It is Ordered that the motion for a stay is granted on condition that the appellants : 1- continue to pay for accruing use and occupancy, on each subsequent rental due date, along with the additional monthly installment payment due, without prejudice; and 2- perfect the appeal by the March 2009 term - the filing deadline is January 6, 2009. 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., Davis, Schoenfeld, J.J.

Motion No. 570685/08