Kings & Queens Holdings, LLC v Steele

[*1] Kings & Queens Holdings, LLC v Steele 2010 NY Slip Op 50714(U) [27 Misc 3d 133(A)] Decided on April 16, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 16, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2009-721 K C.

Kings & Queens Holdings, LLC, Respondent,

against

Richard Steele, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (John S. Lansden, J.), dated April 1, 2009. The order granted tenant's motion for relief from a warrant only to the extent of staying the execution of the warrant through April 20, 2009 for payment of the arrears.

ORDERED that the order is affirmed without costs.

In this nonpayment proceeding, tenant moved, by order to show cause dated March 24, 2009, for, in effect, relief from a warrant issued pursuant to a default final judgment. In his supporting affidavit, tenant acknowledged owing rent and requested a payment arrangement. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in granting tenant's motion for relief from the warrant only to the extent of extending his time until April 20, 2009 for payment of the arrears.

Accordingly, the order is affirmed.

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: April 16, 2010