Opinion
2011-10-18
In re Carol DELGADO, Petitioner–Appellant,v.The NEW YORK CITY HOUSING AUTHORITY, Respondent–Respondent.
Carol Delgado, appellant pro se.Sonya M. Kaloyanides, New York (Maria Termini of counsel), for respondent.
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered January 6, 2010, which denied the petition seeking to vacate respondent's determination*212 terminating petitioner's tenancy on the ground of nondesirability, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
The proceeding is barred by the statute of limitations since petitioner failed to file her petition within the time required by CPLR 217(1), namely, four months after respondent issued its final determination on November 20, 2008 ( see Matter of Stephens v. New York City Hous. Auth., 293 A.D.2d 318, 739 N.Y.S.2d 719 [2002], lv. denied 98 N.Y.2d 610, 749 N.Y.S.2d 2, 778 N.E.2d 553 [2002] ). In any event, respondent's determination was not arbitrary and capricious. Petitioner, in violation of her lease and the rules promulgated by respondent, was convicted of possession of a weapon and possession of a controlled substance following the execution of two separate search warrants of her apartment within a three month period ( see Harris v. Hernandez, 30 A.D.3d 269, 817 N.Y.S.2d 55 [2006]; see also Matter of Diaz v. Hernandez, 66 A.D.3d 525, 885 N.Y.S.2d 910 [2009] ). Furthermore, while recognizing the hardship to petitioner and her children, the penalty of termination does not shock our sense of fairness ( see Matter of Satterwhite v. Hernandez, 16 A.D.3d 131, 132, 790 N.Y.S.2d 124 [2005] ).
We have considered petitioner's remaining contentions and find them unavailing.
GONZALEZ, P.J., ANDRIAS, SAXE, SWEENY, JJ., concur.