IN THE MATTER OF BOBIAN


55 A.D.3d 396 (2008)

865 N.Y.S.2d 216

In the Matter of DEBORAH BOBIAN, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

October 16, 2008.


At the time this proceeding was commenced, the Housing Authority had already obtained a judgment of possession and warrant of eviction against petitioner in a nonpayment proceeding in Civil Court. In vacating the Housing Authority's determination and remanding for a lesser penalty, Supreme Court exceeded its authority by effectively nullifying Civil Court's judgment and warrant, which were not subject to collateral attack in Supreme Court absent a showing, not made here,...

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