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New York City Housing Auth. v. White

Appellate Term of the Supreme Court of New York, First Department
Jan 14, 2011
2011 N.Y. Slip Op. 50041 (N.Y. App. Term 2011)

Opinion

570875/10.

Decided January 14, 2011.

Respondent Michael White appeals from a final judgment of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered February 24, 2010, which, upon an order granting petitioner's motion for summary judgment, awarded possession to petitioner in a holdover summary proceeding.

Final judgment (Jean T. Schneider, J.), entered February 24, 2010, affirmed, without costs.

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ.


The New York City Housing Authority's administrative determination rejecting respondent Michael White's "remaining family member" claim is subject to judicial review only in a CPLR article 78 proceeding and cannot be collaterally attacked in a subsequent summary proceeding ( see New York City Hous. Auth. v O'Connor , 18 Misc 3d 132 [A], 2008 NY Slip Op 50081[U]; West 95 Hous. Corp. v Baultwright, 2003 NY Slip Op 51262[U]). Accordingly, Civil Court properly granted petitioner's motion for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

New York City Housing Auth. v. White

Appellate Term of the Supreme Court of New York, First Department
Jan 14, 2011
2011 N.Y. Slip Op. 50041 (N.Y. App. Term 2011)
Case details for

New York City Housing Auth. v. White

Case Details

Full title:NEW YORK CITY HOUSING AUTHORITY (DOUGLAS II HOUSES)…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 14, 2011

Citations

2011 N.Y. Slip Op. 50041 (N.Y. App. Term 2011)