entitled to a final judgment of possession. The Civil Court stayed execution of the warrant until
August 31, 2008, but only upon the condition that tenant make certain payments by the dates set
forth in the decision. A final judgment awarding landlord possession was entered on June 26,
2008, with execution of the warrant stayed according to the June 26, 2008 decision.
After receiving a notice of eviction, tenant moved, by order to show cause dated August 18,
2008, to vacate the notice of eviction and to stay execution of the warrant until August 31, 2008
or until a hearing could be held on the issue of compliance with the terms of the court's June 26,
2008 decision. By order entered September 3, 2008, the Civil Court stayed execution of the
warrant until September 30, 2008 for tenant to vacate. Tenant appeals from that order.
The June 26, 2008 final judgment, which was not appealed, allowed tenant to postpone [*2]execution of the warrant until August 31, 2008 by complying with
the terms of the decision. It did not provide that compliance with the terms of the decision would
entitle tenant to vacatur of the final judgment or warrant entered pursuant thereto, and, indeed,
tenant's August 18, 2008 order to show cause did not seek such relief, but merely sought a stay
through August 31, 2008. Accordingly, as the order appealed from stayed execution of the
warrant beyond the August 31, 2008 date, tenant is not aggrieved by the order (CPLR 5511) and
her appeal must be dismissed.
We note that, in any event, contrary to tenant's contentions on appeal, the July 9, 2007
stipulation did not require a hearing on the merits of the underlying petition in order for landlord
to obtain a final judgment of possession. Instead, reading the two stipulations together, it is clear