Summary
affirming dismissal of Article 78 proceeding as barred by four-month statute of limitations
Summary of this case from Hughes v. City of N.Y.Opinion
10-21-2014
In re Trenny BROWN, Petitioner–Appellant, v. John B. RHEA, etc., et al., Respondents–Respondents.
The Bronx Defenders, Bronx (Steven T. Hasty of counsel), for appellant. David I. Farber, New York (Kimberly W. Wong of counsel), for respondents.
The Bronx Defenders, Bronx (Steven T. Hasty of counsel), for appellant.
David I. Farber, New York (Kimberly W. Wong of counsel), for respondents.
Opinion Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered July 16, 2013, denying the petition to annul the determination of respondent New York City Housing Authority (N.Y.CHA), which terminated petitioner's tenancy, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
This proceeding is barred by the statute of limitations. Irrespective of whether N.Y.CHA properly sent the notice of its January 25, 2012 final determination to terminate petitioner's tenancy or whether petitioner actually received the mailing, the evidence indicates that petitioner knew or should have known that she was aggrieved by the determination on February 2, 2012, when she was personally served with N.Y.CHA's 30–day notice to vacate, which explicitly stated that it was based on the final determination issued the month before (see 90–92 Wadsworth Ave. Tenants Assn. v. City of N.Y. Dept. of Hous. Preserv. & Dev., 227 A.D.2d 331, 656 N.Y.S.2d 8 [1st Dept.1996] ). However, petitioner did not initiate this proceeding until July 18, 2012, more than four months after she received the notice to vacate (see CPLR 217[1] ).
TOM, J.P., RENWICK, MOSKOWITZ, RICHTER, KAPNICK, JJ., concur.