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NOTRE DAME LEASING v. ROSARIO

308 A.D.2d 164 (2003)

761 N.Y.S.2d 292

In the Matter of NOTRE DAME LEASING, LLC, Respondent, v. ALEXANDRA ROSARIO et al., Appellants.

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

June 23, 2003.

Attorney(s) appearing for the Case

Carl O. Callender, Jamaica (Randolph Petsche of counsel), for appellants.

Pennisi, Daniels & Norelli, LLC, Rego Park (Denise M. May of counsel), for respondent.

April A. Newbauer, Kew Gardens (Susan E. Gibson-O'Gara and Josephine C. Flores of counsel), for Legal Aid Society, amicus curiae.

FLORIO and MASTRO, JJ., concur with KRAUSMAN, J.; LUCIANO, J., and RITTER, J.P., dissent and vote to reverse the order of the Appellate Term and modify the order of the Civil Court, Queens County, entered April 19, 2000, by deleting the provision thereof staying the proceeding against the appellants, and substituting therefor a provision granting the appellants' motion for summary judgment dismissing the petition, in a separate opinion by LUCIANO, J.

OPINION OF THE COURT

KRAUSMAN, J.

Forty years ago, the Legislature enacted Social Services Law § 143-b, which authorizes "public welfare official[s]" to withhold rent payments to landlords on behalf of welfare recipients if the building in which a recipient lives has outstanding code violations (Social Services Law § 143-b [2]). Pursuant to the statute, it is "a valid defense in any action or summary proceeding against a welfare recipient for non...

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