Garcia v. Rhea

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered November 9, 2010, denying the petition to vacate respondents’ determination that petitioner is ineligible for Section 8 assistance, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the judgment vacated, and the petition reinstated.

The court erred in making findings of fact in granting respondents’ motion to dismiss the petition for failure to state a cause of action (CPLR 3211 [a] [7]). Whether petitioner actually applied for Section 8 benefits and…