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MATTER OF CHISHOLM v. MARTINEZ

277 A.D.2d 166 (2000)

717 N.Y.S.2d 121

In the Matter of BYRDIE CHISHOLM, Appellant, v. JOHN MARTINEZ, as Chair of the New York City Housing Authority, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 30, 2000.

The proceeding, which seeks to recover retroactive rent subsidies from the time petitioner's benefits were terminated, i.e., from December 31, 1997, until her subsidy was reinstated on July 1, 1999, is time-barred because it was not brought within four months of the date that petitioner was served with notice of the determination terminating her Section 8 subsidy (CPLR 217 [1]; Matter of Edmead v McGuire,

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