Hemphill v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Hemphill v. New York City Housing Authority

272 A.D.2d 267, 708 N.Y.S.2d 391, 2000 N.Y. App. Div. LEXIS 6115

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 2000

StatusPublished

Cited by1 cases

This text of 272 A.D.2d 267 (Hemphill v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hemphill v. New York City Housing Authority, 272 A.D.2d 267, 708 N.Y.S.2d 391, 2000 N.Y. App. Div. LEXIS 6115 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Giamboi, J.), entered December 24, 1998, which granted the petition and annulled, as arbitrary and capricious, respondent’s determination that petitioner’s public housing tenancy should be terminated for nondesirability, and denied respondent’s cross motion to dismiss the petition as untimely, unanimously reversed, on the law, without costs, the cross motion granted and the petition dismissed.

The record shows that respondent served notice on petitioner at every step of these proceedings, and that, at the very latest, she received notice of the final administrative determination on January 28, 1998. Consequently, the commencement of this CPLR article 78 proceeding on or about June 28, 1998 was untimely. No explanation was afforded for the untimeliness. Moreover, the Supreme Court also erred in not permitting respondent to serve an answer upon denial of its motion to dismiss, in accordance with the mandate of CPLR 7804 (f). In any event, the cross motion to dismiss the petition should have been granted on the merits, since the petitioner’s contention, that the undesirability charges were without merit, was unsupported by the record. Concur — Williams, J. P., Wallach, Lerner, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Giamboi, J.), entered December 24, 1998, which granted the petition and annulled, as arbitrary and capricious, respondent’s determination that petitioner’s public housing tenancy should be terminated for nondesirability, and denied respondent’s cross motion to dismiss the petition as untimely, unanimously reversed, on the law, without costs, the cross motion granted and the petition dismissed.

The record shows that respondent served notice on petitioner at every step of these proceedings, and that, at the very latest, she received notice of the final administrative determination on January 28, 1998. Consequently, the commencement of this CPLR article 78 proceeding on or about June 28, 1998 was untimely. No explanation was afforded for the untimeliness. Moreover, the Supreme Court also erred in not permitting respondent to serve an answer upon denial of its motion to dismiss, in accordance with the mandate of CPLR 7804 (f). In any event, the cross motion to dismiss the petition should have been granted on the merits, since the petitioner’s contention, that the undesirability charges were without merit, was unsupported by the record. Concur — Williams, J. P., Wallach, Lerner, Andrias and Saxe, JJ.

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Bluebook (online)

272 A.D.2d 267, 708 N.Y.S.2d 391, 2000 N.Y. App. Div. LEXIS 6115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemphill-v-new-york-city-housing-authority-nyappdiv-2000.

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