| Otufale, Adegboyega, et al. v Whetstone, Francisca, et al. |
| Motion No: 570456/08 |
| Slip Opinion No: 2009 NYSlipOp 65828(U) |
| Decided on March 6, 2009 |
| 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. |
March 6, 2009
Otufale, Adegboyega, et al. v Whetstone, Francisca, et al.
It is Ordered that the motion to vacate the stay is denied, without prejudice to renew in the event the November and December 2008 use and occupancy is not tendered to the petitioner by March 20, 2009. The motion insofar as it seeks the dismissal of the appeal is granted unless it is argued or submitted by no later than the June 2009 term. The filing deadline is April 7, 2009. In the event of appellant's failure to comply with the orders of this court, the petitioner- landlord may move on five days' notice for an order vacating the stay and dismissing the appeal.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570456/08