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MATTER OF PEÑA v. NEW YORK CITY HOUSING AUTHORITY

6656, 400902/10, 6657

91 A.D.3d 581 (2012)

936 N.Y.S.2d 891

2012 NY Slip Op 650

In the Matter of MARIA M. PEÑA, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided January 31, 2012.

Respondent's determination that petitioner failed to apply to open her default within a reasonable time, give a reasonable excuse for missing her hearing, and set forth a meritorious defense to the charges against her, has a rational basis (see Matter of Daniels v Popolizio, 171 A.D.2d 596, 597 [1991]). Contrary to petitioner's contention, in order to vacate her default, she was required to demonstrate a meritorious defense and a...

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