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NYCHA v. WILLIAMS

179 Misc.2d 822 (1999)

687 N.Y.S.2d 539

New York City Housing Authority, Appellant, v. Mary Williams, Respondent.

Supreme Court, Appellate Term, Second Department.

February 9, 1999

Attorney(s) appearing for the Case

Jeffrey Schanback, New York City (Joan Pannell, Elyse Hilton and Nancy M. Harnett of counsel), for appellant. Brooklyn Legal Services Corporation B (John C. Gray, Jr., and Edward Josephson of counsel), for respondent.

SCHOLNICK, J. P., and CHETTA, J., concur; PATTERSON, J., dissents in a separate memorandum.

MEMORANDUM.

Order insofar as appealed from reversed without costs and motion denied.

In our view, the 10-day-cure period of RPAPL 753 (4) is not available in holdover proceedings brought by the New York City Housing Authority following an administrative adjudication that the tenant is ineligible for continued occupancy. These holdover proceedings are not based on "a claim that the tenant or lessee has breached a...

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