100 W. 174 LLC, pet-res, v. JOHN ROBERT DALEY, res-ap
12-458. 100 W. 174 LLC, pet-res, v. JOHN ROBERT DALEY, res-ap — Order (Paul L. Alpert, J.), dated April 10, 2012, affirmed, without costs.
We find no abuse of discretion in the denial of tenant's second application for post-eviction relief in this nonpayment proceeding. Notwithstanding his execution of a so-ordered stipulation requiring payment of arrears by May 20, 2011, and the subsequent grant of several extensions of time, both before and after his January 19, 2012 eviction, tenant was still unable to pay the arrears due on the return date of this application-three months after his eviction. Under the circumstances, and in the absence of "good cause shown" (RPAPL §749), tenant's motion to vacate the warrant and to be restored to possession was properly denied (cf. Harvey 1390 LLC v. Bodenheim, 96 AD3d 664 ).
Any change in tenant's financial circumstances reflected in his subsequent (third) post-eviction order to show cause, which Civil Court declined to sign, is not properly considered in assessing the propriety of the order under review (see CPLR 5517[b]) and, in any event, would not change the result.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.