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MATTER OF SIMMONS v. POPOLIZIO

78 N.Y.2d 917 (1991)

In the Matter of Talisha Simmons, Appellant, v. Emanuel P. Popolizio, as Chairman of the New York City Housing Authority, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Russell Engler, John C. Gray, Jr., David Pieragostini and Tracy Miller for appellant.

Harry Steinberg and Suzanne M. Lynn for respondents.

Stephen Myers for MFY Legal Services, amicus curiae.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order affirmed, without costs. Assuming without deciding that the article 78 proceeding is timely under CPLR 217, the June 17, 1988 determination sought to be reviewed cannot be said to constitute an abuse of discretion under the circumstances presented...

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