Appeal by tenant from so much of an order of the Civil Court, Queens County (P. Jackman- Brown, J.), entered March 8, 2004, as denied tenant's motion to vacate a default final judgment and restore the matter to the calendar.

Order unanimously affirmed without costs.

In this nonpayment summary proceeding, tenant moved to vacate a final judgment entered on default on April 24, 2000. Inasmuch as the moving papers failed to set forth sufficient facts to establish a meritorious defense to the action and an excusable default, tenant was not entitled to a vacatur of the final judgment. We further note that the court's refusal to stay execution of the warrant of eviction due to tenant's filing for bankruptcy was proper under the circumstances and consistent with recent case law (see Dulac v Dabrowski, 4 AD3d 308 [2004]). [*2]
Decision Date: March 03, 2005