Mauceri v Sierra (2009 NY Slip Op 52631(U))
[*1]
Mauceri v Sierra
2009 NY Slip Op 52631(U) [26 Misc 3d 127(A)]
Decided on December 23, 2009
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 December 23, 2009
SUPREME COURT OF THE STATE OF NEW
YORK
APPELLATE TERM: 2nd, 11th and 13th
JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., GOLIA and STEINHARDT, JJ
2008-1944 Q C.
Anthony Mauceri, Respondent,
against
Louis Sierra, Tenant, Adalina Leyva, Appellant, -and- "John Doe" and
"Jane Doe", Undertenants.
Appeal from an order of the Civil Court of the City of New York, Queens County (Bruce
Marc Kramer, J.), entered September 3, 2008. The order granted a motion by tenant Adalina
Leyva seeking to stay execution of the warrant until August 31, 2008.
ORDERED that the appeal is dismissed.
In this chronic-nonpayment holdover proceeding, landlord and Adalina Leyva (tenant), both
represented by counsel, entered into two consecutive stipulations of settlement. The second
stipulation, dated July 9, 2007, provided, among other things, that tenant would be given a
12-month probationary period, and that landlord could seek a final judgment of possession if
tenant failed to comply with the terms of the stipulation. By motion dated April 2, 2008, landlord
moved to restore the proceeding and for a final judgment of possession, alleging that tenant had
defaulted on the terms of the second stipulation. After a hearing, the Civil Court found, by
decision dated June 26, 2008, that tenant was in default of the stipulation, and that landlord was