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Belfi v Morse
2011 NY Slip Op 51628(U) [32 Misc 3d 142(A)]
Decided on August 26, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 26, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ
2010-2373 N C.

Charles Belfi, Respondent,

against

Melody Morse, Appellant, -and- JOHN DOE and JANE DOE Nos. 1-3, Undertenants.


Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated March 4, 2010. The order granted a motion by tenant to further stay execution of a warrant only to the extent of staying execution of the warrant until March 31, 2010.


ORDERED that the order is affirmed, with $10 costs.

In this nonpayment proceeding, tenant stipulated to the entry of a final judgment of possession with execution of the warrant stayed until February 28, 2010, in return for a waiver of in excess of $28,000 in arrears. Tenant thereafter moved for an extension of time, but did not offer to pay the waived arrears or otherwise show a valid basis for the requested relief. The District Court granted tenant's motion only to the extent of staying execution of the warrant until March 31, 2010. Tenant appeals.

In our view, the District Court did not improvidently exercise its discretion in refusing to further stay the execution of the warrant. Accordingly, the order is affirmed.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: August 26, 2011