Legal Opinion · Dissent

Banos v. Rhea

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2013Published

1Dissent

Miller, J.,

dissents, and votes to reverse the order and grant the appellants’ motion to dismiss the petition on the ground that the proceeding was time-barred, with the following memorandum: The petitioner commenced this proceeding to “reverse and annul” a determination made by the respondent New York City Housing Authority (hereinafter the Housing Authority) to discontinue benefits that she was receiving under Section 8 of the United States Housing Act of 1937 (42 USC § 1437f [b] [1] [hereinafter Section 8 benefits]), and to reinstate “the [rent] subsidy from about July 2010, to the…

2Cases cited25 opinions

  1. Zumpano v. QuinnNew York Court of Appeals · 2006
  2. Nassau Insurance v. MurrayNew York Court of Appeals · 1978
  3. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  4. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  5. New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991

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