| FD-HFZ W. 44 LP v Wilson |
| 2006 NY Slip Op 50455(U) [11 Misc 3d 134(A)] |
| Decided on March 27, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Kevin C. McClanahan, J.), dated October 4, 2005, which denied his motion for appointment of a guardian ad litem and for vacatur of a stipulation of settlement in a summary holdover proceeding.
PER CURIAM:
Order (Kevin C. McClanahan, J.), dated October 4, 2005, affirmed, with $10 costs.
Civil Court properly denied tenant's motion to vacate the "so-ordered" stipulation settling the underlying holdover proceeding. There was no showing of "good cause" to set aside the stipulation (see Hallock v. State of New York, 64 NY2d 224 [1984]). The record demonstrates that while tenant appeared pro se, he understood the terms of the stipulation and received ample consideration for his agreement to vacate the unregulated premises.
Tenant's belated application for the appointment of a guardian ad litem was properly denied given the lack of evidence that he was incapable of defending his rights (see CPLR 1201).
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: March 27, 2006