Legal Opinion

Peña v. New York City Housing Authority

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

Decided January 31, 2012PublishedCited by 4 opinions

1Opinion of the Court

*582Respondent’s determination that petitioner failed to apply to open her default within a reasonable time, give a reasonable excuse for missing her hearing, and set forth a meritorious defense to the charges against her, has a rational basis (see Matter of Daniels v Popolizio, 171 AD2d 596, 597 [1991]). Contrary to petitioner’s contention, in order to vacate her default, she was required to demonstrate a meritorious defense and a reasonable excuse, which she failed to do (see id.; Matter of Barnhill v New York City Hous. Auth., 280 AD2d 339 [2001]).

The court had no basis for treating…

2Cases cited2 opinions

  1. Barnhill v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  2. Daniels v. PopolizioAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. Evans v. New York CityAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Williams v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Tony's Towing Service, Inc. v. SwartsAppellate Division of the Supreme Court of the State of New York · 2013
  4. Tony's Towing Service, Inc. v. SwartsAppellate Division of the Supreme Court of the State of New York · 2013

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