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In Re Ebony Thorton v. New York City Housing Authority

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


November 27, 2012

IN RE EBONY THORTON,
PETITIONER-APPELLANT,
v.
NEW YORK CITY HOUSING AUTHORITY,
RESPONDENT-RESPONDENT, YOUTH ACTION HOMES I, RESPONDENT.

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

Decided on November 27, 2012

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.

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 AD3d 521 [1st Dept 2011]; CPLR 217[1]). This Court cannot extend the statute of limitations (see CPLR 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 AD2d 230, 231 [1st Dept 1996]).

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

ENTERED: NOVEMBER 27, 2012

CLERK

20121127

© 1992-2012 VersusLaw Inc.



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