DORIS LING-COHAN, JUSTICE
The following papers, numbered 1-3 were considered on this Article 78:
Notice of Motion/Order to Show Cause, — Affidavits — Exhibits 1, 2
Answering Affidavits — Exhibits _3_
Replying Affidavits .
Cross-Motion: [ ] Yes [ X ] No
Upon the foregoing papers, it is ordered that this Article 78 proceeding is decided as indicated below.
Petitioner Paula Alonzo seeks an order pursuant to Article 78 of the CPLR reversing respondent New York City Housing Authority's (NYCHA) determination, dated September 10, 2012, which denied petitioner's remaining family member grievance.
Petitioner currently resides at 125 West 228th Street, Apt. 1L, Bronx, New York (Subject Apartment). The Subject Apartment is located at Marble Hill Houses, a public housing development owned and operated by NYCHA. The United States Department of Housing and Urban Development mandated NYCHA to promulgate policies to govern admittance of persons to public housing. See 24 C.F.R. § 960.202(a).
On August 9, 2010, the tenant of the Subject Apartment, and petitioner's mother, Melba Cruz (tenant Cruz), passed away. Three days prior to tenant Cruz's death, petitioner sought permission, at the management office, to reside in the Subject Apartment. In November 2010, petitioner met with the project manager with regards to a remaining family member grievance, which was denied in a Project Grievance Summary dated that same day. In a letter to petitioner, dated November 16, 2010, NYCHA informed petitioner that NYCHA would review her claim and render a decision. Such letter also stated that petitioner could submit additional documentation to support her grievance. Thereafter, the Borough Manager met with petitioner, reviewed her grievance, and ultimately upheld the property manager's decision in the District Grievance Summary, dated January 31, 2011. A grievance ...