Thorton v. N.Y.C. Hous. Auth.

Full title: In re Ebony THORTON, Petitioner–Appellant, v. NEW YORK CITY HOUSING…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 27, 2012

100 A.D.3d 556 (N.Y. App. Div. 2012)

954 N.Y.S.2d 524

2012 N.Y. Slip Op. 8069

Opinion

2012-11-27

In re Ebony THORTON, Petitioner–Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent–Respondent, Youth Action Homes I, Respondent.

Ebony Thornton, appellant pro se. Kelly D. MacNeal, New York (Marisa D. Shemi of counsel), for New York City Housing Authority, respondent.

TOM

Ebony Thornton, appellant pro se. Kelly D. MacNeal, New York (Marisa D. Shemi of counsel), for New York City Housing Authority, respondent.
TOM, J.P., SAXE, RICHTER, ABDUS–SALAAM, FEINMAN, JJ.

Judgment, Supreme Court, New York County (Arthur Engoron, J.), entered November 28, 2011, denying the petition seeking to annul the determination of respondent New York City Housing Authority to terminate petitioner's Section 8 rent subsidy, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner received the Notice of Final Determination in April 2011 advising her that her Section 8 rent subsidy had been terminated. However, she did not commence this proceeding until October 2011, which was more than two months after the statute of limitations had expired ( see Matter of Delgado v. New York City Hous. Auth., 88 A.D.3d 521, 931 N.Y.S.2d 211 [1st Dept. 2011];CPLR 217[1] ). This Court cannot extend the statute of limitations ( seeCPLR 201), nor does it have discretion to address the merits of petitioner's other arguments ( see Matter of M & D Contrs. v. New York City Dept. of Health, 233 A.D.2d 230, 231, 649 N.Y.S.2d 712 [1st Dept. 1996] ).