MATTER OF BARNHILL v. NEW YORK CITY HOUSING AUTHORITY


280 A.D.2d 339 (2001)

720 N.Y.S.2d 471

In the Matter of CHARLENE BARNHILL, Respondent, v. NEW YORK CITY HOUSING AUTHORITY (Sued Herein as N. Y.C.H.A.)— RALPH J. RANGEL HOUSES, Appellant.

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

Decided February 13, 2001.


In order to vacate a default, an applicant must demonstrate not only a reasonable excuse therefor, but also a meritorious defense. Here, the record reveals no merit to the children's entitlement to tenancy.

The tenant of record, who is ill and now lives in New Jersey, was terminated on default when she failed, inter alia, to provide justification for the unauthorized occupancy by petitioner and her children in the public housing apartment. The IAS Court erroneously...

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