Sobro Local Dev. Corp. v Bey

[*1] Sobro Local Dev. Corp. v Bey 2014 NY Slip Op 51854(U) Decided on December 30, 2014 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 30, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
&em;

Sobro Local Development Corporation, 570409/14 Petitioner-Respondent,

against

Messiah Ali Bey, Respondent-Appellant, -and- King Justice Allah El, Hakum Osiris El-Bey, Osha Bey, Rajjiyd El Bey, Isaiah M. Smith-Bey, "John Doe" and "Jane Doe," Respondents.

Respondent Messiah Ali Bey appeals from an order of the Civil Court of the City of New York, Bronx County (Joel R. Kullas, J.), dated June 17, 2014, which denied his motion to vacate a default final judgment issued against him in a holdover summary proceeding.

Per Curiam.

Order (Joel R. Kullas, J.), dated June 17, 2014, affirmed, without costs.

We find no abuse of discretion in the denial of respondent-appellant's belated motion to vacate the default final judgment issued against him in this holdover summary proceeding. The record establishes that appellant's failure to appear at the scheduled traverse hearing and trial resulted not from any excusable default, but was intentional, since he admittedly "refused to participate" because of unparticularized allegations of "bad faith on the court." An intentional default is ipso facto inexcusable, and should not be vacated (see Wilf v Halpern, 234 AD2d 154 [1996]). Nor, in any event, did appellant demonstrate a meritorious defense to the holdover petition.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: December 30, 2014