UpStairs' attorney, William I. Cowin, said his clients would likely agree to that motion and then sue Harvard directly.

And Associate Dean of the College David P. Illingworth '71 said last month that even when Harvard acquired formal ownership of the building, the UpStairs suit might for delay planned renovations for the Faculty.

"Once the agreement is made [to transfer ownership], that doesn't do anything to UpStairs," he said last month.

Meanwhile, the Hasty Pudding Theatricals will stage its "no holds barred drag burlesque" this spring, as planned.

"The Theatricals are looking forward to working with Harvard, and we are excited about the renovations," Suzanne M. Pomey '02, co-producer of this year's Theatrical production said yesterday. "We're putting the show on as usual and upholding our tradition."

The College will continue its planning process for the Pudding building, administrators have said.

"The preservation and restoration of the theater for undergraduate use, and the use of this important and well-located space for other important College needs, have been our main priority," Dean of the College Harry R. Lewis '68 wrote yesterday in an e-mail message. "I am glad that we are moving towards realizing those objectives."