Opinion
8297 Index 100405/16
01-31-2019
In re Ardila MCMILLAN, Petitioner–Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent–Respondent.
Ardila McMillan, appellant pro se. Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for respondent.
Ardila McMillan, appellant pro se.
Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for respondent.
Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered April 20, 2017, denying the petition to annul respondent's determination, dated October 22, 2015, which denied petitioner succession rights, as a remaining family member to the subject apartment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Regardless of whether the Article 78 proceeding was brought timely, petitioner did not satisfy her burden for entitlement to succession rights (see Matter of Adler v. New York City Hous. Auth., 95 A.D.3d 694, 695, 943 N.Y.S.2d 892 [1st Dept. 2012], lv dismissed 20 N.Y.3d 1053, 961 N.Y.S.2d 828, 985 N.E.2d 423 [2013] ). Petitioner had not been an authorized occupant of the apartment for a one-year period preceding her brother's death ( id. ). While petitioner urges that personal hardship and factors such as her age, lack of housing alternatives, and the fact that she gave up her own apartment to care for her brother should be considered, such factors do not provide a basis to annul respondent's determination (see Matter of Vereen v. New York City Hous. Auth., 123 A.D.3d 478, 998 N.Y.S.2d 354 [1st Dept. 2014] ).