In re Yvonne Porter et al. v New York City Housing Authority

Motion No: M-2231

Slip Opinion No: 2019 NYSlipOp 71448(U)

Decided on May 30, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 30, 2019

In re Yvonne Porter, et al.,

Petitioners,

v

New York City Housing Authority

Respondent.

Respondent having moved for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 14, 2019 (Appeal No. 6049), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. All concur except Friedman, J.P., who concurs separately as follows:

Friedman, J.P. (concurring) I adhere to the views expressed in my dissent, namely, that the existing administrative record is sufficient for this Court to render a final determination of this proceeding under CPLR article 78, and that, inasmuch as that record contains substantial evidence supporting respondent's determination, that determination should have been confirmed. Nonetheless, as the proceeding has not yet been finally determined under the terms of the majority's decision (which directs respondent to make additional findings on the existing record), granting leave to appeal to the Court of Appeals would be inappropriate at this juncture. I therefore concur in the denial of the present motion. ENTERED: May 30, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Barbara R. Kapnick Ellen Gesmer, Justices

M-2231

Index No. 100546/16