Lindsay Park Housing Corp. v. Grant

Appellate Terms of the Supreme Court of New York

Lindsay Park Housing Corp. v. Grant

190 Misc. 2d 777, 740 N.Y.S.2d 552, 2001 N.Y. Misc. LEXIS 1235

Appellate Terms of the Supreme Court of New York·Decided December 7, 2001·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Memorandum.

The Department of Housing Preservation and Development (DHPD) is vested with exclusive jurisdiction to determine the remaining-family-member claim in city-aided Mitchell-Lama housing (28 RCNY 3-02 [p]; Lindville Hous. Co. v McGann, [778]*778NYLJ, June 24, 1996, at 29, col 6 [App Term, 1st Dept], affd 242 AD2d 479), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assoc. v Mourino, NYLJ, June 9, 1997, at 29, col 3 [App Term, 1st Dept]). If appellant felt aggrieved by DHPD’s determination, her remedy was to challenge the DHPD determination in a CPLR article 78 proceeding (id.).

Aronin, J.P., Golia and Rios, JJ., concur.

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OPINION OF THE COURT

Memorandum.

The Department of Housing Preservation and Development (DHPD) is vested with exclusive jurisdiction to determine the remaining-family-member claim in city-aided Mitchell-Lama housing (28 RCNY 3-02 [p]; Lindville Hous. Co. v McGann, [778]*778NYLJ, June 24, 1996, at 29, col 6 [App Term, 1st Dept], affd 242 AD2d 479), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assoc. v Mourino, NYLJ, June 9, 1997, at 29, col 3 [App Term, 1st Dept]). If appellant felt aggrieved by DHPD’s determination, her remedy was to challenge the DHPD determination in a CPLR article 78 proceeding (id.).

Aronin, J.P., Golia and Rios, JJ., concur.

Lindsay Park Housing Corp. v. Grant, 190 Misc. 2d 777, 740 N.Y.S.2d 552, 2001 N.Y. Misc. LEXIS 1235 (N.Y. Ct. App. 2001).

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Opinion

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