Dolson v. Middletown Housing Authority

*508OPINION OF THE COURT

Elaine Slobod, J.

By this CPLR article 78 proceeding the petitioners challenge the respondent’s determination to terminate their tenancy in Summitfield, a 100-unit State-subsidized housing complex.

Respondent’s motion for summary dismissal of this proceeding has in turn been met by petitioners’ cross application for summary relief in their favor, or in the alternative, for an order transferring this proceeding to the Appellate Division pursuant to CPLR 7804 (g).

The respondent elected to terminate petitioners’ tenancy by a notice dated August 7, 1997 directing their removal…