| 361 W. 121st Street-HDFC v Frazier, Tonny, et al. |
| Motion No: 570685/08 |
| Slip Opinion No: 2009 NY Slip Op 79711(U) |
| Decided on August 4, 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. |
August 4, 2009
361 W. 121st Street-HDFC v Frazier, Tonny, et al.
It is Ordered that the motion to vacate the stay is granted unless the appellants, on or before August 12, 2009, pays the June, July and August payments to the petitioner, without prejudice. In the event of appellants' failure to comply with the orders of this Court, the petitioner may move on five days' notice for an order vacating the stay. The motion insofar as it seeks to dismiss the appeal is denied, without prejudice to raising the issue in the answering briefs.
By: McKeon, P.J., Heitler, Shulman, J.J.
Motion No. 570685/08