Gardner v An Extraordinary Event, Inc.

[*1] Gardner v An Extraordinary Event, Inc. 2004 NY Slip Op 50764(U) Decided on July 7, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 7, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-1434 Q C

EUREAL A. GARDNER, Appellant,

against

AN EXTRAORDINARY EVENT, INC. d/b/a, WALL STREET CHARITY FUND, Respondent.

Appeal by plaintiff, as limited by his brief, from so much of an order of the Civil Court, Queens County (C. Markey, J.), entered July 21, 2003, as denied his motion to vacate a stipulation of settlement.

Order insofar as appealed from unanimously affirmed without costs. [*2]

Upon a review of the record we find that the court below acted well within its discretion in denying plaintiff's motion to vacate the stipulation of settlement inasmuch as plaintiff failed to show good cause therefor. Moreover, plaintiff's contentions regarding his civil rights and the bias and prejudice of the court below are improperly raised for the first time on appeal and, in any event, are not supported by the record (see Goldblatt v LaShellda Maintenance Co., 278 AD2d 451 [2000]).
Decision Date: July 07, 2004