Jewish Ass'n for Services for the Aged v. Rhea

Appellate Division of the Supreme Court of New York

Jewish Ass'n for Services for the Aged v. Rhea

114 A.D.3d 597, 980 N.Y.S.2d 758

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

DecidedFebruary 27, 2014

StatusPublished

This text of 114 A.D.3d 597 (Jewish Ass'n for Services for the Aged v. Rhea) 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

Jewish Ass'n for Services for the Aged v. Rhea, 114 A.D.3d 597, 980 N.Y.S.2d 758 (N.Y. Ct. App. 2014).

Pincite

Opinion

Appeal from judgment, Supreme Court, New York County (Arlene E Bluth, J.), entered January 31, 2013, granting the cross motion of respondent New York City Housing Authority (NYCHA) to dismiss the petition, which sought to annul NYCHA’s determination to terminate the tenancy of Sol Rodriguez, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously held in abeyance, without costs, and the matter remanded to Supreme Court for a hearing on whether the statute of limitations should be tolled due to petitioner’s mental condition.

In view of NYCHA’s apparent departure from its termination of tenancy procedures, the hearing officer’s recommendation of probation and evidence of petitioner’s uncertain mental capabilities, we exercise our discretion to direct further inquiry into her mental state during the period following the issuance of respondents’ determination. Concur — Tom, J.E, Saxe, DeGrasse, Richter and Clark, JJ.

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Appeal from judgment, Supreme Court, New York County (Arlene E Bluth, J.), entered January 31, 2013, granting the cross motion of respondent New York City Housing Authority (NYCHA) to dismiss the petition, which sought to annul NYCHA’s determination to terminate the tenancy of Sol Rodriguez, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously held in abeyance, without costs, and the matter remanded to Supreme Court for a hearing on whether the statute of limitations should be tolled due to petitioner’s mental condition.

In view of NYCHA’s apparent departure from its termination of tenancy procedures, the hearing officer’s recommendation of probation and evidence of petitioner’s uncertain mental capabilities, we exercise our discretion to direct further inquiry into her mental state during the period following the issuance of respondents’ determination. Concur — Tom, J.E, Saxe, DeGrasse, Richter and Clark, JJ.

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Bluebook (online)

114 A.D.3d 597, 980 N.Y.S.2d 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewish-assn-for-services-for-the-aged-v-rhea-nyappdiv-2014.