Opinion
2003-561 SC.
Decided April 20, 2004.
Appeal by tenant from an order of the District Court, Suffolk County (P. Hensley, J.), entered on January 24, 2003, denying his motion to vacate a final judgment of possession and warrant of eviction.
Order unanimously affirmed without costs.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
In this holdover proceeding, tenant entered into the stipulation of settlement with the assistance of counsel and a final judgment of possession was entered pursuant thereto. It was agreed that execution of the warrant would be stayed until December 8, 2002. After said date, tenant moved by order to show cause seeking to vacate the final judgment of possession and warrant. In our opinion, the court below properly denied the relief requested since tenant failed to establish a sufficient basis for setting the stipulation aside.