Legal Opinion

Cherry v. New York City Housing Authority

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

Decided November 5, 2009PublishedCited by 4 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Kibbie F. Payne, J.), entered June 2, 2008, which denied petitioner’s application to annul respondent New York City Housing Authority’s determination refusing to open an administrative default that resulted in the termination of petitioner’s public housing tenancy, and dismissed the petition, unanimously affirmed, without costs.

The proceeding cannot be maintained because the result petitioner ultimately seeks—restoration of her tenancy—would nullify a judgment of the Civil Court, entered during the pendency of this appeal,…

2Cases cited4 opinions

  1. Daniels v. PopolizioAppellate Division of the Supreme Court of the State of New York · 1991
  2. McLaughlin v. HernandezAppellate Division of the Supreme Court of the State of New York · 2005
  3. Bobian v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  4. Hall v. Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by4 opinions

  1. California Suites, Inc. v. Russo Demolition Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. California Suites, Inc. v. Russo Demolition Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Quinones v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  4. Quinones v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2012

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