Opinion
571120/02.
Decided September 10, 2003.
Tenant appeals from an order of the Civil Court, New York County, dated November 22, 2002 (Cyril K. Bedford, J.) granting landlord's motion for summary judgment in a summary holdover proceeding.
Order dated November 22, 2002 (Cyril K. Bedford, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The certificate of eviction issued by the New York City Department of Housing Preservation and Development following an administrative hearing, based upon tenant's nonprimary residence of a Mitchell-Lama apartment, cannot be collaterally attacked in this ensuing holdover proceeding (see, Parisi v. Hines, 131 Misc 2d 582, affd 134 Misc 2d 20 [App Term, 1st Dept]; New York City Housing Authority v. Williams, 179 Misc 2d 822 [App Term, 2d Dept]). Tenant's proper remedy, after exhausting all administrative remedies, was to commence a CPLR article 78 proceeding challenging the determination of the agency. Accordingly, summary judgment in landlord's favor was warranted.
We note that the instant proceeding was properly commenced upon a thirty-day notice of termination. Landlord was not required to serve a notice of nonrenewal since appellant was not a tenant under a rent stabilized lease (see, Mazda Realty Assocs. v. Green, 187 Misc 2d 419, 4209 [App Term, 1st Dept]).
We have considered tenant's remaining arguments and find them unavailing.
This constitutes the decision and order of the court.