DECISION/ORDER
*1 This is a summary nonpayment proceeding where petitioner seeks possession of 234 East 87th Street, Apartment 2D, New York, New York 10128 (“premises”). The premises are subject to the Rent Stabilization Law of 1969 as amended.Petitioner served respondent, Louis Acosta (“Acosta”) with a Three (3) Day Notice dated February 2, 2017. The notice alleged that Acosta owed $3,578.76 as outstanding rent through January 31, 2017 at the monthly rate of $596.46. The notice required Acosta to pay the arrears or vacate the premises within three days of service of the notice. Respondent failed to pay the arrears or vacate and petitioner commenced this proceeding by Notice of Petition and Petition dated February 16, 2017. Respondent interposed a pro se Answer dated February 27, 2017. The proceeding initially appeared on the Court calendar on March 7, 2017. The proceeding was settled by Stipulation of Settlement on May 24, 2017. The stipulation converted this nonpayment proceeding to a holdover proceeding. Scott Piccirello was added as a respondent in place of “John Doe”. In the stipulation, respondents consented to a final judgment of possession with execution of the warrant of eviction stayed through January 31, 2018. Petitioner agreed to waive all outstanding rental arrears in the amount of $10,736.28 through May 2017. Respondents were not required to pay use and occupancy for the premises through January 2018 and upon vacatur, petitioner was to pay Acosta $22,500. Petitioner was entitled to retain the one month security deposit.On May 26, 2017, two days after the stipulation was fully executed and allocuted before this Court, Acosta took out an Order to Show Cause to vacate the judgment and restore the case to the calendar. In support of his OSC, Acosta alleged that there was not sufficient time to realize the implications of the stipulation, that there was financial pressure, that he entered into the agreement because he was embarrassed due to prior settlement talks with petitioner. Respondent also alleged that he had no other place to live, the he was under doctors care for remission of cancer and
