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NYCHA v. HARVELL

189 Misc.2d 295 (2001)

731 N.Y.S.2d 919

NEW YORK CITY HOUSING AUTHORITY, Appellant, v. BRENDA HARVELL, Respondent.

Supreme Court, Appellate Term, First Department.

July 9, 2001.

Attorney(s) appearing for the Case

Jeffrey Schanback, General Counsel, New York City (Elyse Hilton, Steven J. Rappaport and Nancy Hartnett of counsel), for appellant.

Legal Aid Society, Bronx (Jack Stoller and Marshall Green of counsel), for respondent.

PARNESS, P. J., McCooE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated May 31, 2000 affirmed, with $10 costs.

While it has been stated that a termination notice is not generally required to maintain an illegal use proceeding, since such a proceeding is founded upon statutory authority and not the termination of a lease (RPAPL 711 [5]; 715 [1]; Real Property Law § 231 [1]; see Murphy v Relaxation Plus Commodore,

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