Opinion
2007-47 RI C.
Decided on January 3, 2008.
Appeal by tenant Gerard O'Connor from an order of the Civil Court of the City of New York, Richmond County (Marina Mundy, J.), dated November 22, 2006, deemed from a final judgment of said court, entered on the same date (see CPLR 5520 [c]). The final judgment, insofar as appealed from, entered pursuant to the November 22, 2006 order granting landlord's motion for summary judgment, awarded possession to landlord as against Gerard O'Connor in a holdover summary proceeding.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
Final judgment affirmed without costs.
The court below correctly ruled that the New York City Housing Authority's administrative determination to terminate appellant's tenancy could not be reviewed in
the instant holdover proceeding, as the "claim that a tenant is ineligible for continued occupancy is determined by the Housing Authority, and its determination is subject to review only in a CPLR Article 78 proceeding" ( New York City Hous. Auth. v Velazquez, 191 Misc 2d 15, 16 [App Term, 2d 11th Jud Dists 2001]). Appellant's contention that there was a Supreme Court stay in effect when the trial court rendered its decision is not supported by the record. Appellant's remaining contentions are without merit.
Pesce, P.J., Golia and Rios, JJ., concur.