Legal Opinion · Dissent
Matter of Tayinha Banos v. John Rhea / Matter of Viola Dial v. John Rhea
New York Court of Appeals
Decided May 12, 2015No. 60-61Published
1DissentFahey, J.
I respectfully dissent. A consent judgment is a contract between parties. A three-step termination procedure for Section 8 benefits was established to resolve Williams v New York City Hous. Auth. (US Dist Ct, SD NY, 81 Civ 1801, Ward, J., 1984). The majority opinion effectively creates a one-step procedure for terminating Section 8 benefits. The result is that the protections agreed to in Williams are meaningless.
Indeed, in my view, the consent judgment by which Williams was resolved must be read such that a determination to terminate Section 8 benefits is made only upon the proper mailing of…
2Cases cited17 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
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