Seminara Pelham, LLC v. Formisano

*696OPINION OF THE COURT

John P. Colangelo, J.

In this residential nonpayment proceeding, respondent tenant Sue Ellen Formisano moves to dismiss the petition of petitioner landlord Seminara Pelham, LLC, on the ground that petitioner was not entitled to terminate its participation in the section 8 program and therefore tenant owes only the nonsection 8 portion of her rent, which she has religiously tendered. Petitioner opposes respondent’s motion and has, in essence, cross-moved for summary judgment.

Factual and Procedural Background

The facts necessary to decide the motion and cross motion are not in…