December 4, 2015. Petitioner cross-moved for the identical relief it had sought in
November. The motions were adjourned to January 26, 2016 and resolved on that date by
a stipulation between the parties that was so-[*4]ordered
by the court (Black,J) .
The stipulation provided for the entry of a new judgment, thereby vacating the prior
judgment and warrant. The new judgment was in the amount of $7857.76, $6000 of
which was for attorneys' fees, and issuance of a warrant forthwith. Execution of the
warrant was stayed for Respondent to pay $1857.76 by February 29, 2016 and for
Respondent to pay $250 per month towards attorneys' fees starting March 25, 2016 and
continuing through February 25, 2018.
The prior warrant was vacated with the prior judgment. No new warrant has been
ordered or has issued, pursuant to the new judgment entered based on the January 26,
2016 stipulation.
CURRENT MOTION
Respondent now moves by her seventh OSC, seeking to vacate the January 26, 2016
stipulation. Respondent asserts that she should be credited for the disputed money order
she was supposed to trace, because she had delivered it to Petitioner and is not
responsible for the fact that the Petitioner lost the money order. Respondent also stated
on the record that she would be severely prejudiced by the judgment of an additional
$6000 in attorneys' fees because she is disabled and living on a fixed income. Moreover
the terms of the stipulation would subject Respondent to eviction in this proceeding for
failure to pay any future rent or maintenance that came due.
Petitioner opposes arguing there is no basis to vacate or modify the January 2016
stipulation.
Good cause to vacate a stipulation is demonstrated when it appears that a party has