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DEVINE v. NEW YORK CITY HOUSING AUTHORITY

No. 0407302/2007.

2008 NY Slip Op 32262 (U)

In the Matter of the Application of JOHN DEVINF, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Supreme Court of the State of New York, New York County.

August 6, 2008.

KIBBIE F. PAYNE, J.:

In this article 78 proceeding, petitioner, John Devine, challenges a determination of respondent New York City Housing Authority ("NYCHA") dated October 23, 2006, which dismissed his remaining-family member grievance. NYCHA now cross-moves, pursuant to CPLR 3211 (a) (4) and (5), to dismiss the proceeding on the grounds that it is both time-barred and barred by res judicata.

Petitioner is the brother of the former tenant of record, Thomas...

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