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In Re Pinchas Knopfler, Petitioner-Respondent v. New York City Housing Authority

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 14, 2012

IN RE PINCHAS KNOPFLER, PETITIONER-RESPONDENT,
v.
NEW YORK CITY HOUSING AUTHORITY, RESPONDENT-APPELLANT.

Matter of Matter of Knopfler v New York City Hous. Auth.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2012

Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 19, 2011, which granted the petition to reinstate petitioner's Section 8 housing choice voucher and directed respondent New York City Housing Authority (NYCHA) to restore petitioner's priority for a voucher, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed.

Petitioner's assertion that an unnamed NYCHA employee assured him that moving out of his public housing apartment would have no effect on his priority for a voucher cannot estop the agency from revoking petitioner's priority. Indeed, no discretion was involved in NYCHA's determination that petitioner lost his priority when he vacated the apartment, as this determination was mandated by the agency's policies (see Matter of Muhammad v New York City Hous. Auth., 81 AD3d 526, 527 [2011]; see also Matter of Cahill (Rowan Group, Inc.--Commissioner of Labor), 79 AD3d 1514, 1514-1515 [2010]).

We have considered petitioner's arguments, including that the matter should be remanded for a hearing or trial and that the agency denied him of due process, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 14, 2012

CLERK

20120214

© 1992-2012 VersusLaw Inc.



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