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New York City Housing Authority (Douglas Ii Houses v. Michael White

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


January 14, 2011

NEW YORK CITY HOUSING AUTHORITY (DOUGLAS II HOUSES),
PETITIONER-RESPONDENT,
v.
MICHAEL WHITE,
RESPONDENT-APPELLANT.

Per curiam.

New York City Hous. Auth. (Douglas II Houses) v White

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 14, 2011

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

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.

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] [2008]; West 95 Hous. Corp. v Baultwright, 2003 NY Slip Op 51262[U] [2003]). Accordingly, Civil Court properly granted petitioner's motion for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: January 14, 2011

20110114

© 1992-2011 VersusLaw Inc.



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