| Riverton Assoc. v Garland |
| 2006 NY Slip Op 50117(U) [10 Misc 3d 144(A)] |
| Decided on February 1, 2006 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court, New York County (Ruben Andres Martino, J.), entered on or about December 7, 2004, after a hearing, which denied tenant's motion to vacate a final judgment and warrant of eviction in a nonpayment summary proceeding.
PER CURIAM:
Order (Ruben Andres Martino, J.) entered on or about December 7, 2004, affirmed, with $10 costs.
Civil Court did not abuse its discretion in denying tenant's motion for a further stay of execution of the warrant of eviction, in light of tenant's repeated defaults in the payment obligations specified in two court orders in this nonpayment proceeding and her history of chronic rent delinquencies. In the absence of good cause (RPAPL 749 [3]), the warrant should not be vacated (see New York City Hous. Auth. v Torres, 61 AD2d 681 [1978]).
This constitutes the decision and order of the court.
Decision Date: February 01, 2006