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Belfi v. Morse

Appellate Term of the Supreme Court of New York, Second Department
Aug 26, 2011
2011 N.Y. Slip Op. 51628 (N.Y. App. Term 2011)

Opinion

2010-2373 N C.

Decided August 26, 2011.

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.

PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ.


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.


Summaries of

Belfi v. Morse

Appellate Term of the Supreme Court of New York, Second Department
Aug 26, 2011
2011 N.Y. Slip Op. 51628 (N.Y. App. Term 2011)
Case details for

Belfi v. Morse

Case Details

Full title:CHARLES BELFI, Respondent, v. MELODY MORSE, Appellant, and JOHN DOE and…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Aug 26, 2011

Citations

2011 N.Y. Slip Op. 51628 (N.Y. App. Term 2011)