Opinion
6049 Index No. 100546/16
05-21-2020
IN RE Yvonne PORTER, et al., Petitioners, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
Yvonne Porter, petitioner pro se. David I. Farber, New York City Housing Authority, New York, (Seth E. Kramer of counsel), for respondent.
Yvonne Porter, petitioner pro se.
David I. Farber, New York City Housing Authority, New York, (Seth E. Kramer of counsel), for respondent.
Friedman, J.P., Richter, Kapnick, Mazzarelli, Gesmer, JJ.
Petition, brought pursuant to CPLR article 78 (transferred to the Court by order of Supreme Court, New York County [Andrea Masley, J.], entered January 13, 2017), seeking to annul the determination of respondent, dated December 14, 2015, which, to the extent challenged, after a hearing, denied petitioner Yvonne Porter's grievance seeking succession rights as a remaining family member to the tenancy of her late mother, unanimously dismissed, without costs, as academic.
We initially held this matter in abeyance because the Hearing Officer failed to address Porter's argument that she was entitled to remaining family member status on the basis that she resided with her mother with respondent's consent or approval ( 169 A.D.3d 455, 463, 95 N.Y.S.3d 2 [1st Dept. 2019], lv dismissed 34 N.Y.3d 1010, 115 N.Y.S.3d 206, 138 N.E.3d 1089 [2019] ). The matter was remanded and Porter's grievance was ultimately sustained. Accordingly, the proceeding is dismissed as academic.