Mayer v. Vilar

*452In light of the lengthy period since the seizure of defendants’ assets in May 2005 and plaintiffs’ unrebutted assertions of dire financial circumstances, among other factors, the court properly exercised its inherent power to vacate its own stay of execution of the judgments to be entered (see Wellbilt Equip. Corp. v Red Eye Grill, 308 AD2d 411 [1st Dept 2003]). We note, further, that defendant defaulted at the scheduled trial resulting in the vacatur order, which precludes his right to appeal the vacatur (see Matter of Nyree S. v Gregory C., 99 AD3d 561, 562 [1st Dept 2012], lv denied 20…