Legal Opinion

New York City Housing Authority v. Velazquez

Appellate Terms of the Supreme Court of New York

Decided December 6, 2001Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment affirmed without costs.

We affirm the final judgment for the reasons stated by this court in New York City Hous. Auth. v Williams (179 Misc 2d 822) and by the Appellate Term, First Department, in New York City Hous. Auth. v McClinton (184 Misc 2d 818). As noted in these decisions, pursuant to the federal consent decrees, the claim that a tenant is ineligible for continued occupancy is determined by the Housing Authority, and its determination is subject to review only in a CPLR article 78 proceeding (see, New York City Hous. Auth. v Clemente, NYLJ,…

2Cases cited10 opinions

  1. Spand v. FrancoAppellate Division of the Supreme Court of the State of New York · 1997
  2. Fairbanks Gardens Co. v. GandhiAppellate Terms of the Supreme Court of New York · 1996
  3. Lufkin v. DragoCivil Court of the City of New York · 1984
  4. Williams v. FrancoAppellate Division of the Supreme Court of the State of New York · 1999
  5. Fairbanks Gardens Co. v. GhandiAppellate Division of the Supreme Court of the State of New York · 1997

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