Peña v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
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
- Barnhill v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Daniels v. PopolizioAppellate Division of the Supreme Court of the State of New York · 1991
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