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MATTER OF BARRETT v. RUSS

Index No. 451734/19. Appeal No. 14601. Case No. 2021-01726.

199 A.D.3d 441 (2021)

154 N.Y.S.3d 219

2021 NY Slip Op 06071

In the Matter of Marilyn Barrett, Appellant, v. Gregory Russ, as Chairperson of the New York City Housing Authority, et al., Respondents.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Brooklyn Defender Services, Brooklyn ( Lauren F. D. Price of counsel), for appellant.

Lisa Bova-Hiatt , New York City Housing Authority, New York ( Andrew M. Lupin of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

The proceeding is barred by the four-month statute of limitations governing article 78 proceedings (see CPLR 217; Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom. of City of N.Y., 5 N.Y.3d 30, 34 [2005]). Respondent assigned petitioner a guardian ad litem (GAL) and petitioner cannot circumvent the limitations period by seeking to reopen the administrative hearing that resulted in the termination of...

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