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Lindsay Park Housing Corp., Respondent, v. Maurice Grant, Sr., Respondent, and Kim Moorning-Brown, Appellant

New York Supreme Court, Appellate Term2001-12-07
190 Misc. 2d 777740 N.Y.S.2d 552

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

OPINION OF THE COURT

Memorandum.

The Department of Housing Preservation and Development (DHPD) is vested with exclusive jurisdiction to determine the remaining-family-member claim in city-aided Mitchell-Lama housing (28 RCNY 3-02 [p]; Lindville Hous. Co. v McGann, NYLJ, June 24, 1996, at 29, col 6 [App Term, 1st Dept], affd 242 AD2d 479), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assoc. v Mourino, NYLJ, June 9, 1997, at 29, col 3 [App Term, 1st Dept]). If appellant felt aggrieved by DHPD’s determination, her remedy was to challenge the DHPD determination in a CPLR article 78 proceeding (id.).

Aronin, J.P., Golia and Rios, JJ., concur.