SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
May 23, 2011
LIBBY GELBSTEIN REVOCABLE TRUST,
Appeal from an order of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), dated April 23, 2010.
Libby Gelbstein Revocable Trust v Imperial
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 23, 2011
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ
The order denied tenant's motion for relief from a consent final judgment and warrant.
ORDERED that the order is affirmed, without costs.
This nonpayment proceeding was converted by stipulation, on January 6, 2010, to a holdover proceeding in return for a waiver of over $17,000 in arrears, on condition that tenant remove from the apartment by February 16, 2010. A final judgment was entered pursuant to the stipulation. By order to show cause dated April 1, 2010, tenant moved for relief from the consent final judgment and warrant, asserting that he had found a new apartment, the lease for which would begin on April 15, 2010. By order dated April 23, 2010, the Civil Court denied tenant's motion, noting that tenant had still failed to move out. On this appeal from the April 23, 2010 order, tenant seeks to raise issues concerning landlord's agent's authority to act on behalf of landlord. Since these issues were not raised in the Civil Court and are entirely outside the record, they will not be considered (Chimarios v Duhl, 152 AD2d 508 ). As tenant shows no other basis to disturb the Civil Court's order, the order is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: May 23, 2011
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