Opinion
2013-01-4
158 ST. & RIVERSIDE DRIVE HOUSING CO., INC., Petitioner–Appellant, v. Courtenay ECCLESTON, Respondent–Respondent, and “John Doe” and “Jane Doe,”, Respondents–Undertenants.
Petitioner, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated June 23, 2011, which denied its motion for summary judgment of possession in a holdover summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Michelle D. Schreiber, J.), dated June 23, 2011, insofar as appealed from, reversed, with $10 costs, and petitioner's motion for summary judgment of possession is granted. Execution of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.
The Department of Housing Preservation and Development (HPD) is vested with exclusive jurisdiction to determine tenant eligibility in city-aided Mitchell–Lama housing and its issuance of a certificate of eviction cannot be collaterally attacked in a subsequent summary proceeding ( see Bedford Gardens Co., LP v. Jacobowitz, 29 AD3d 501 [2006] ). “If respondent felt aggrieved by HPD's determination, [her] remedy was to challenge that determination in a CPLR article 78 proceeding-a step [she] failed to take” ( id. at 503).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.