Opinion
2007-1492 S C.
Decided November 7, 2008.
Appeal from an order of the District Court of Suffolk County, Sixth District (Gigi A. Spelman, J.), dated September 12, 2007. The order denied a motion by tenant Susan Kuehn to vacate a default final judgment awarding landlord possession and the principal sum of $3,481.65 in a nonpayment summary proceeding.
Order affirmed without costs.
PRESENT: McCABE, J.P., TANENBAUM and MOLIA, JJ.
In this nonpayment proceeding, tenant Susan Kuehn appeals from an order denying her motion to vacate a final judgment entered upon tenants' default in appearing at trial. In her motion below, tenant offered no meritorious defense to this proceeding, and, thus, her motion was properly denied. Tenant's allegation on appeal that landlord failed to make necessary repairs is dehors the record and will not be considered ( see e.g. Devellis v Lucci, 266 AD2d 180). Accordingly, the order is affirmed.
McCabe, J.P., and Tanenbaum, J., concur.
Molia, J., taking no part.