Wander v Rich

[*1] Wander v Rich 2005 NY Slip Op 50206(U) Decided on February 18, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
2003-1371 K C

Maria Esther Wander, Respondent,

against

Roberta Rich, Appellant.

Appeal by undertenant from an order of the Civil Court, Kings County (M. Finkelstein, J.), entered on October 1, 2003, denying her motion to vacate the final judgment of possession.

Order unanimously affirmed without costs.

Upon a review of the record, we find that the court below properly denied the undertenant's motion to vacate the final judgment of possession. One of the main arguments raised below was that she needed more time to find another apartment. The issue raised in her brief regarding the marshal's notice is dehors the record. As to any alleged rent overcharge, her conclusory allegation with regard thereto was insufficient to establish same. While she attempts to challenge on appeal the amount set for use and occupancy, we note that she entered into a stipulation settling the proceeding wherein she agreed to pay $385 as use and occupancy, and she never moved in the court below to set aside said stipulation. [*2]
Decision Date: February 18, 2005