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MATTER OF NIEVES v. MARTINEZ

285 A.D.2d 410 (2001)

728 N.Y.S.2d 453

In the Matter of GRACE NIEVES, Appellant, v. JOHN MARTINEZ, as Chairperson 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 July 19, 2001.

Although we affirm the dismissal of this proceeding, we do not do so upon the merits, as did Supreme Court, but upon the ground that the proceeding was not properly or timely commenced. Petitioner received a copy of the New York City Housing Authority's August 2, 1999 "Notice of Default: Termination of Section 8 Subsidy" (T-3) letter no later than August 16, 1999, when she dated her request for a hearing in response to the notice. This letter advised petitioner that if she...

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