Appeal from an order of the Civil Court of the City of New York, Richmond County (Marina Cora Mundy, J.), entered June 13, 2007. The order, insofar as appealed from, denied a motion by tenants, in effect, for relief from a stipulation of settlement.

Order, insofar as appealed from, affirmed without costs.

In this holdover proceeding, the parties entered into a stipulation of settlement on April 11, 2007 in which it was agreed that tenants would vacate the premises by May 31, 2007. In consideration thereof, landlord agreed to waive $2,000 in arrears and to reduce use and occupancy for May 2007 from $1,000 to $750. A judgment of possession was entered on April 11, 2007, and a warrant issued on May 25, 2007. Thereafter, tenants moved to "restor[e] the matter to the calendar," asserting that more time was needed to find an apartment and that landlord had improperly demanded $1,000 from them for June 2007. By order dated June 13, 2007, the court below stayed the warrant of eviction until June 30, 2007 and ordered tenants to pay $750 for June use and occupancy. The order further awarded landlord a monetary judgment in the amount of $2,500.

On appeal, tenants argue that the stipulation of settlement should be set aside because the holdover proceeding was retaliatory. As this issue is raised for the first time on appeal and is dehors the record, it will not be considered. Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Weston Patterson and Rios, JJ., concur. [*2]
Decision Date: September 29, 2008