Shohid v Champagne

[*1] Shohid v Champagne 2010 NY Slip Op 51188(U) [28 Misc 3d 128(A)] Decided on July 7, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through July 9, 2010; it will not be published in the printed Official Reports.

Decided on July 7, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON J.P., RIOS and STEINHARDT, JJ
2009-1009 Q C.

Abdus Shohid, Respondent,

against

Gina Champagne, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses B. Leverett, J.), dated April 22, 2009. The order granted tenant's motion to vacate the final judgment and restore the proceeding to the calendar only to the extent of providing a payment schedule for tenant to pay the rent owed.

ORDERED that the order is affirmed without costs.

In this nonpayment proceeding, the parties entered into a so-ordered stipulation on December 2, 2008 wherein landlord was awarded a final judgment of possession and the sum of $7,250, and execution of the warrant was stayed for tenant to make payments to landlord pursuant to a payment schedule. On December 22, 2008, a final judgment was entered in favor of landlord pursuant to the stipulation. Thereafter, tenant applied for several orders to show cause to vacate the final judgment and restore the proceeding to the calendar. The first two applications were refused, and the third was settled by stipulation on February 9, 2009. In said stipulation, tenant agreed to pay the sum of $5,500 by February 13, 2009. On February 23, 2009, tenant again moved by order to show cause to vacate the final judgment and restore the proceeding to the calendar. By order dated March 6, 2009, the Civil Court granted tenant's motion to the extent of providing tenant with a payment schedule. On March 27, 2009, tenant again sought an order to show cause to vacate the final judgment and restore the proceeding to the calendar. The application was refused. On March 30, 2009, tenant again moved by order to show cause to vacate the final judgment and restore the proceeding to the calendar. By order dated April 22, 2009, the Civil Court granted tenant's motion to the extent of providing tenant with another payment schedule. Noting that tenant owed $7,250 through April 2009, the court ordered tenant to pay landlord $2,250 by April 25, 2009, $2,000 by May 25, 2009 and $3,000 by June 25, 2009. In addition, the court ordered tenant to pay rent for the months of May 2009 and June 2009 to landlord by July 10, 2009. Tenant now appeals from the April 22, 2009 order.

In light of tenant's multiple defaults in the instant proceeding, the Civil Court did not improvidently exercise its discretion in granting tenant's motion to vacate the final judgment and restore the proceeding to the calendar only to the extent of providing tenant with a payment schedule whereby tenant was to pay the arrears owed. Accordingly, the order is affirmed. Weston, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 07, 2010