Appeal from an order of the Civil Court of the City of New York, Kings County (John H. Stanley, J), dated April 28, 2005. The order conditionally stayed the execution of the warrant.

Order affirmed without costs.

While this court will not lightly cast aside stipulations of settlement negotiated by counsel (see GDJ Realty Corp. v Joseph, 10 Misc 3d 139[A], 2005 NY Slip Op 52202[U] [App Term, 2d & 11th Jud Dists 2005], citing Hallock v State of New York, 64 NY2d 224, 230 [1984]), under the unique facts of this case, we nonetheless affirm. It is undisputed that tenant, with the benefit of counsel, entered into a stipulation of settlement, whereby she agreed to pay rental arrears in three installments with full understanding that time was of the essence. The record indicates that tenant timely made the first two payments under the stipulation of settlement, and that the delay in the third payment, which became due while tenant was hospitalized, was caused by the Department of Social Services. Tenant has also demonstrated that she is prepared to pay all the arrears. Under these circumstances, and in consideration of the long duration of the tenancy (see Jones v Allen, 185 Misc 2d 443, 449 [App Term, 2d & 11th Jud Dists 2000]), the court did not improvidently exercise its discretion in conditionally staying execution of the warrant (see RPAPL 749 [3]; 1058 Bushwick Ave. Corp. v Heard, 7 Misc 3d 133[A], 2005 NY Slip Op 50647[U] [App Term, 2d & 11th Jud Dists]; Rhinestone Ventures Assoc. v Vatter, 2002 NY Slip Op 40265[U] [App Term, 2d & 11th Jud Dists]).

Weston Patterson and Rios, JJ., concur. [*2]

Pesce, P.J., taking no part.
Decision Date: March 9, 2006