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New York City Hous. Auth. Betances Houses 11-18 v Torres
2013 NY Slip Op 52136(U) [42 Misc 3d 127(A)]
Decided on December 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 17, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J. , Hunter, Jr., Torres, JJ
570342/13.

New York City Housing Authority Betances Houses 11-18, Petitioner-Respondent,

against

Juan Torres, Respondent-Appellant, -and- John Doe and Jane Doe, Respondents.


Respondent Juan Torres appeals from a final judgment of the Civil Court of the City of New York, Bronx County, (Jose Rodriguez, J.), entered October 2, 2012, which awarded possession to petitioner in a holdover summary proceeding.


Per Curiam.

Final judgment (Jose Rodriguez, J.), entered October 2, 2012, affirmed, without costs.

Civil Court properly issued a possessory judgment in favor of petitioner New York City Housing Authority, where the record shows that petitioner rejected appellant's "remaining family claim" succession claim on the merits, appellant exhausted all administrative remedies, and his CPLR Article 78 proceeding was dismissed (see New York City Hous. Auth. v McClinton, 184 Misc 2d 818 [2000]; New York City Hous. Auth. v Williams, 179 Misc 2d 822 [1999]).

We are informed that tenant has been evicted from the subject premises.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 17, 2013