| Green Tree Credit, LLC v Jelks |
| 2016 NY Slip Op 50136(U) [50 Misc 3d 138(A)] |
| Decided on February 5, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Lydia C. Lai, J.), dated February 25, 2014. The order denied a motion by occupant Godfrey Jelks to vacate a default final judgment awarding petitioner possession in a summary proceeding brought pursuant to RPAPL 713 (5).
ORDERED that the order is affirmed, without costs.
In this summary proceeding by a purchaser in foreclosure (see RPAPL 713 [5]), Godfrey Jelks (occupant) appeals from an order denying his motion to vacate a default final judgment awarding petitioner possession.
Contrary to occupant's argument below and on appeal, service of the notice of petition and petition was proper (see 809-811 Kings Highway, LLC v Pulse Laser Skin Care, 25 Misc 3d 130[A], 2009 NY Slip Op 52121[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]). Occupant failed to raise any other meritorious argument in the Civil Court.
We note that we do not consider factual assertions made for the first time on appeal which are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).
Accordingly, the order is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur.