Matter of Henry v. New York City Hous. Auth.

Appellate Division of the Supreme Court of New York

Matter of Henry v. New York City Hous. Auth.

122 A.D.3d 448, 994 N.Y.S.2d 863

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

DecidedNovember 13, 2014

Docket13466 400524/13

StatusPublished

Cited by3 cases

This text of 122 A.D.3d 448 (Matter of Henry v. New York City Hous. Auth.) 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

Matter of Henry v. New York City Hous. Auth., 122 A.D.3d 448, 994 N.Y.S.2d 863 (N.Y. Ct. App. 2014).

Pincite

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about October 23, 2013, which, in a CPLR article 78 proceeding to annul respondent Housing Authority’s termination of petitioner’s public housing tenancy on the grounds of nondesirability, denied respondent’s motion to dismiss the petition as barred by the statute of limitations, unanimously reversed, on the law, without costs, the cross motion granted, and the petition dismissed.

On March 23, 2013, petitioner pro se commenced this proceeding seeking to reverse respondent’s June 11, 2012 denial of her application to vacate her default in appearing at a hearing on charges to terminate her tenancy. The denial constitutes a final and binding determination from which the four-month statute of limitations is measured (see Matter of Yarbough v Franco, 95 NY2d 342, 347 [2000]). Thus, this proceeding is time-barred (see CPLR 217 [1]), leaving the court without discretion to address the merits of petitioner’s underlying claims (see Matter of Thorton v New York City Hous. Auth., 100 AD3d 556, 557 [1st Dept 2012]).

Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Richter and Feinman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about October 23, 2013, which, in a CPLR article 78 proceeding to annul respondent Housing Authority’s termination of petitioner’s public housing tenancy on the grounds of nondesirability, denied respondent’s motion to dismiss the petition as barred by the statute of limitations, unanimously reversed, on the law, without costs, the cross motion granted, and the petition dismissed.

On March 23, 2013, petitioner pro se commenced this proceeding seeking to reverse respondent’s June 11, 2012 denial of her application to vacate her default in appearing at a hearing on charges to terminate her tenancy. The denial constitutes a final and binding determination from which the four-month statute of limitations is measured (see Matter of Yarbough v Franco, 95 NY2d 342, 347 [2000]). Thus, this proceeding is time-barred (see CPLR 217 [1]), leaving the court without discretion to address the merits of petitioner’s underlying claims (see Matter of Thorton v New York City Hous. Auth., 100 AD3d 556, 557 [1st Dept 2012]).

Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Richter and Feinman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

122 A.D.3d 448, 994 N.Y.S.2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-henry-v-new-york-city-hous-auth-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack