MTR OF BANOS v. RHEA

No. 60 No. 61

25 N.Y.3d 266 (2015)

33 N.E.3d 471

11 N.Y.S.3d 515

2015 NY Slip Op 04029

In the Matter of TAYINHA BANOS, Respondent, v. JOHN RHEA, as Chairperson of the New York City Housing Authority, et al., Appellants, et al., Respondent. In the Matter of VIOLA DIAL, Respondent, v. JOHN RHEA, as Chairman of the New York City Housing Authority, Appellant, and 690 GATES, LP, Respondent.

Court of Appeals of New York.

Decided May 12, 2015.


Attorney(s) appearing for the Case

David I. Farber, General Counsel, New York City Housing Authority, New York City ( Melissa R. Renwick,   Kelly D. MacNeal,   Nancy M. Harnett,   Corina L. Leske,   Maria Termini and Andrew M. Lupin of counsel), for appellants in the first above-entitled proceeding.

Seymour W. James, Jr., The Legal Aid Society, Brooklyn ( Kathleen Brennan, Ferdinand Ubozoh and Stephen Myers of counsel), for Tayinha Banos, respondent in the first above-entitled proceeding.

David I. Farber, General Counsel, New York City Housing Authority, New York City ( Melissa R. Renwick,   Kelly D. MacNeal,   Nancy M. Harnett and Corina L. Leske of counsel), for appellant in the second above-entitled proceeding.

South Brooklyn Legal Services, Inc., Brooklyn ( Michael Weisberg of counsel), for Viola Dial, respondent in the second above-entitled proceeding.

Robert H. Gordon, New York City, for 690 Gates, LP, respondent in the second above-entitled proceeding.

Opinion by Judge STEIN. Judges READ, PIGOTT and ABDUS-SALAAM concur; Judge FAHEY dissents in an opinion in which Chief Judge LIPPMAN and Judge RIVERA concur.


OPINION OF THE COURT

The principal issue raised in these cases is when the statute of limitations begins to run with respect to a tenant's legal challenge to a termination of Section 8 benefits by respondent New York City Housing Authority (NYCHA). We hold that, pursuant to a...

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