Kingston v. New York City Department of Homelessness Services

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered November 16, 2012, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff, who commenced an action against defendant alleging, among other things, that defendant failed to maintain the shelter where she resided in a safe and sanitary condition, failed to exhaust her administrative remedies prior to commencing this action, inasmuch as she was entitled to request a fair hearing to challenge the adequacy of the shelter’s services, but failed to do so (see 18 NYCRR 358-3.1 [b]…