Burke v Burke (2004 NY Slip Op 50314(U))

[*1]

Burke v Burke

2004 NY Slip Op 50314(U)

Decided on April 20, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 20, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DECIDED April 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-561 S C

GINA BURKE, Respondent,

against

RICHARD BURKE, Appellant.

Appeal by tenant from an order of the District Court, Suffolk County (P. Hensley, J.), entered on January 24, 2003, denying his motion to vacate a final judgment of possession and warrant of eviction.

Order unanimously affirmed without costs.

In this holdover proceeding, tenant entered into the stipulation of settlement with the assistance of counsel and a final judgment of possession was entered pursuant thereto. It was agreed that execution of the warrant would be stayed until December 8,
2002. After said date, tenant moved by order to show cause seeking to vacate the final judgment of possession and warrant. In our opinion, the court below properly denied the relief requested since tenant failed to establish a sufficient basis for setting the stipulation aside. [*2]
Decision Date: April 20, 2004