In assessing whether to grant a stay of orders for possession pending appeal, the fact that the appeal may be rendered nugatory by sale of the property is tempered where equitable relief on appeal would itself be conditioned on repayment of the principal sum. The irreplaceable value of the property is a relevant consideration in the balance of convenience, and mixed-use commercial property that is not the applicant's family home is unlikely to satisfy this criterion. A claimed need for rental income to fund legal representation on appeal will not be accepted without admissible evidence of the terms of any retainer and fees.
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