Appeal from an order of the Civil Court of the City of New York, Kings County (Inez Hoyos, J.), dated July 13, 2007. The order denied tenant's motion, in effect, for relief from a stipulation, final judgment and warrant.

Order affirmed without costs.

In this nonpayment proceeding, tenant stipulated, on March 16, 2007, to the entry of a final judgment awarding landlord possession and the sum of $9,233.38, with execution of the warrant stayed for tenant to pay $1,000 by March 29, 2007 and, inter alia, $300 plus monthly rent of $724.05 in each month for the following 27 months. Tenant defaulted in making the payment due on March 29, 2007 as well as those due in April, May, June and July 2007. By the return date of the subject motion, tenant owed $11,735.75. Although the Department of Social Services agreed to pay $7,011.75 of the arrears, tenant did not have the balance available. Under the circumstances, the court did not improvidently exercise its discretion in denying tenant's motion, in effect, for relief from the stipulation, final judgment and warrant.

Weston Patterson, J.P. and Rios, J., concur.
Decision Date: February 07, 2008