Barnhill v. New York City Housing Authority

—Judgment, Supreme Court, New York County (Emily Goodman, J.), entered February 23, 2000, which granted the petition to the extent of vacating the default on termination of occupancy and remanded to the agency on the claims of petitioner’s children to “remaining-family-member” (RFM) status, unanimously reversed, on the law, without costs, the petition denied and the proceeding dismissed.

In order to vacate a default, an applicant must demonstrate not only a reasonable excuse therefor, but also a meritorious defense. Here, the record reveals no merit to the children’s entitlement to tenancy.

The…