Tenant appeals from 1) an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered June 8, 2011, which denied his motion to vacate a default final judgment entered May 12, 2011, after an inquest, which awarded possession to landlord in a holdover summary proceeding; 2) an order (same court and Judge), entered September 16, 2011, which, inter alia, denied his renewed motion to vacate the judgment and 3) an order (same court and judge), entered October 17, 2011, which granted landlord's motion for an order directing the issuance of an amended warrant of eviction.

Per Curiam.

Orders (Arthur F. Engoron, J.), entered June 8, 2011, September 16, 2011 and October 17, 2011, insofar as appealable, affirmed, without costs.

We find no abuse of discretion in the denial of tenant's motion to vacate the default final judgment. Tenant was properly cast in default, since he was unwilling to proceed on the scheduled trial date of this long pending (2008) holdover "summary" proceeding (see 22 NYCRR 208.14[b]). Tenant's voluntary discharge of his attorney on the eve of trial did not entitle him to a stay pursuant to CPLR 321(c)(see Graco Const. Corp. v Eves, 232 AD2d 370 [1996]), and the court soundly exercised its discretion in denying his application for a further adjournment (see Natoli v Natoli, 234 AD2d 591 [1996]). Nor has tenant demonstrated a cognizable possessory interest in the subject unregulated apartment premises or any meritorious defense to the holdover petition.

We have considered and rejected tenant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 24, 2012