[*1]
Pianello v New York City Hous. Auth. (TAFT Houses)
2013 NY Slip Op 50057(U) [38 Misc 3d 133(A)]
Decided on January 16, 2013
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
12-456.

Carol Pianello, Petitioner-Tenant-Appellant,

against

New York City Housing Authority (TAFT Houses), Respondent-Landlord-Respondent.


Petitioner-tenant appeals from an order of the Civil


Court of the City of New York, New York County (Ruben A. Martino, J.), dated March 23, 2012, which, after a hearing, denied her petition for restoration to the apartment premises.
Per Curiam.

Order (Ruben A. Martino, J.), dated March 23, 2012, affirmed, with $10 costs, for the reasons stated by Ruben A. Martino, J. at Civil Court.

The hearing court properly denied the petitioning tenant's application for restoration to the subject public housing apartment, based on its fully supported finding that tenant abandoned the apartment prior to the alleged illegal lockout. Notably, the record shows that prior to the landlord's actions complained of herein tenant had moved to Virginia to live with relatives, no rent had been paid for several months, and one of tenant's family members had returned the apartment key to respondent-landlord.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 16, 2013