Appeal by undertenant from an order of the Civil Court, Kings County (M. Finkelstein, J.), entered on October 1, 2003, denying her motion to vacate the final judgment of possession.

Order unanimously affirmed without costs.

Upon a review of the record, we find that the court below properly denied the undertenant's motion to vacate the final judgment of possession. One of the main arguments raised below was that she needed more time to find another apartment. The issue raised in her brief regarding the marshal's notice is dehors the record. As to any alleged rent overcharge, her conclusory allegation with regard thereto was insufficient to establish same. While she attempts to challenge on appeal the amount set for use and occupancy, we note that she entered into a stipulation settling the proceeding wherein she agreed to pay $385 as use and occupancy, and she never moved in the court below to set aside said stipulation. [*2]
Decision Date: February 18, 2005