Matter of Jewish Assn. for Servs. for the Aged v Rhea
2014 NY Slip Op 01373 [114 AD3d 597]
February 27, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


In the Matter of Jewish Association for Services for the Aged, Appellant,
v
John B. Rhea et al., Respondents.

—[*1] Manhattan Legal Services, New York (Rosalind Black of counsel), for appellant.

Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for respondents.

Appeal from judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered January 31, 2013, granting the cross motion of respondent New York City Housing Authority (NYCHA) to dismiss the petition, which sought to annul NYCHA's determination to terminate the tenancy of Sol Rodriguez, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously held in abeyance, without costs, and the matter remanded to Supreme Court for a hearing on whether the statute of limitations should be tolled due to petitioner's mental condition.

In view of NYCHA's apparent departure from its termination of tenancy procedures, the hearing officer's recommendation of probation and evidence of petitioner's uncertain mental capabilities, we exercise our discretion to direct further inquiry into her mental state during the period following the issuance of respondents' determination. Concur—Tom, J.P., Saxe, DeGrasse, Richter and Clark, JJ.