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60 St. Nicholas Ave. HDFC v Edwards
2015 NY Slip Op 50236(U) [46 Misc 3d 148(A)]
Decided on March 2, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ.
570667/14

60 Saint Nicholas Avenue HDFC, Petitioner-Landlord- Respondent, -

against

Tongia Edwards, Respondent-Tenant-Appellant, -and- "John Doe" and "Jane Doe," Respondents-Undertenants.


Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered July 2, 2014, which, upon an order granting landlord's cross motion for summary judgment, awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Brenda S. Spears, J.), entered July 2, 2014, affirmed, without costs, for the reasons stated by Brenda S. Spears, J. at Civil Court.

In affirming the possessory judgment issued in landlord's favor, we note the unappealed agency (HPD) determination terminating tenant's section 8 rent subsidy "solely" because of tenant's failure to move from the apartment premises, despite being granted no fewer than "four move vouchers" over a two-and-one-half-year period. The agency's determination is subject to review only in a CPLR article 78 proceeding and cannot be collaterally attacked in a subsequent summary proceeding (see Bedford Gardens Co., LP v Jacobowitz, 29 AD2d 501 [2006]). Contrary to tenant's contention, the record shows that the underlying (August 2006) suspension of the subsidy was due at least in part to tenant's own conduct.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur

Decision Date: March 02, 2015