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IN THE MATTER OF VELASQUEZ v. HERNANDEZ

23 A.D.3d 313 (2005)

806 N.Y.S.2d 474

In the Matter of MARIA VELASQUEZ, Appellant, v. TINO HERNANDEZ, 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.

November 29, 2005.

No basis exists to disturb respondent's summary rejection of the same excuse petitioner had used a year earlier in vacating her second default (see Matter of Daniels v Popolizio, 171 A.D.2d 596 [1991]), namely, that she did not have a mailbox key and did not retrieve the hearing notice until after the scheduled hearing date. As the application court noted, petitioner did not explain how she could have gone without access to her mailbox...

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