Clemons v. New York City Housing Authority

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered July 10, 2012, which denied the petition, and granted respondent’s (NYCHA) cross motion to dismiss this CPLR article 78 proceeding, unanimously affirmed, without costs.

On October 6, 2011, petitioner commenced this proceeding seeking to annul NYCHA’s September 17, 2010 denial of her application to vacate her default in failing to appear at a hearing on charges against her tenancy. The proceeding is time-barred (see CPLR 217 [1]) and this Court cannot extend the statute of limitations (see CPLR 201).

Pe…