[*1]
DePaolo v Thomas
2009 NY Slip Op 52077(U) [25 Misc 3d 128(A)]
Decided on October 6, 2009
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2007-144 Q C.

Mary DePaolo, Respondent,

against

Shatina Thomas and Bruce Edwards, Appellants, and "JOHN DOE" and "JANE DOE", Undertenants.


Appeal from an order of the Civil Court of the City of New York, Queens County (Ronni Dale Birnbaum, J.), entered January 11, 2007. The order, following a hearing, denied tenants' motion to vacate a stipulation of settlement and the final judgment entered pursuant thereto, and to be restored to possession.


ORDERED that the order is affirmed without costs.

Following a hearing, the Civil Court denied tenants' motion to vacate a stipulation of settlement and the final judgment entered pursuant thereto, and to restore tenants to possession. As the Civil Court's credibility determinations with respect to the circumstances surrounding the parties' entry into the stipulation are amply supported by the record, they will not be disturbed (see Saffari v Moghaddasinia, 200 AD2d 731 [1994]). We note that this court will not consider the matters in tenants' brief which are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]). Accordingly, the order is affirmed.

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: October 06, 2009