Opinion
2012-11-8
In re Bryant PARKS, Petitioner–Respondent, v. NEW YORK CITY HOUSING AUTHORITY Respondent–Appellant.
Sonya M. Kaloyanides, New York (Andrew M. Lupin of counsel), for appellant. Bryant Parks, respondent pro se.
Sonya M. Kaloyanides, New York (Andrew M. Lupin of counsel), for appellant. Bryant Parks, respondent pro se.
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered May 3, 2011, granting the petition to the extent of, inter alia, annulling respondent's determination to terminate petitioner's Section 8 rent subsidy, unanimously reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed.
Pursuant to paragraph 22(f) of the first partial consent judgment in Williams v. New York City Hous. Auth. (U.S. Dist. Ct., SD NY, 81 Civ 1801, Ward, J., 1984), the four-month statute of limitations of CPLR 217 began to run on the date of receipt of respondent's letter notifying petitioner that his Section 8 subsidy would be terminated in 45 days if he did not request a hearing ( see Matter of Lopez v. New York City Hous. Auth., 93 A.D.3d 448, 939 N.Y.S.2d 846 [1st Dept. 2012];Matter of Fernandez v. NYCHA Law Dept., 284 A.D.2d 202, 726 N.Y.S.2d 266 [1st Dept. 2001] ). Here, the record shows that the letter was mailed on November 16, 2009 and received no later than December 5, 2009, and this proceeding was not commenced until August 16, 2010. Accordingly, the petition should have been denied and the proceeding dismissed as time-barred.