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MATTER OF MERRITT v. RHEA

9908, 402480/09, 9909, 400406/12.

107 A.D.3d 456 (2013)

967 N.Y.S.2d 36

2013 NY Slip Op 4125

In the Matter of YVONNE MERRITT, Respondent, v. JOHN B. RHEA, Appellant. In the Matter of YVONNE MERRITT, Respondent, v. JOHN B. RHEA et al., Appellants.

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

Decided June 6, 2013.

As petitioner concedes, in the order entered July 28, 2010, the Supreme Court erred in sua sponte remanding the matter for a second mental competence evaluation, since no challenge to the mental health evaluation was raised in the administrative proceedings or in the subject petition (see e.g. Lombardo v Mastec N. Am., Inc., 68 A.D.3d 935, 936-937 [2d Dept 2009]).

The findings of nondesirability and breach of NYCHA's rules...

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