| Alphonse v Roseboom, Destiny |
| Motion No: 570703/08 |
| Slip Opinion No: 2008 NYSlipOp 90571(U) |
| Decided on December 3, 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. |
December 3, 2008
Alphonse v Roseboom, Destiny
It is Ordered that the motion for a stay is denied, without prejudice to renew after the deposit of $11,000.oo with the Clerk of the Civil Court. Said sum represents use and occupancy due through October 3, 2008. All stays are hereby vacated. The cross-motion insofar as it seeks the dismissal of the appeal is granted unless the records and briefs are served and filed by January 6, 2009, in order to be placed on the March 2009 term. In the event of appellant's failure to comply with the foregoing condition, the petitioner may move on five days' notice for an order dismissing the appeal.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570703/08