Appeal of HPD Decision Not Filed Within Four Months

December 1, 2011

LVT Number: #23747

NYCHA tenant's daughter claimed succession rights after tenant died. NYCHA ruled against the daughter, who appealed and lost. The daughter's Article 78 appeal was filed more than four months after NYCHA issued its written decision, which ruled against her. The appeal was therefore untimely under Civil Practice Law and Rules Article 78 and must be dismissed.

NYCHA tenant's daughter claimed succession rights after tenant died. NYCHA ruled against the daughter, who appealed and lost. The daughter's Article 78 appeal was filed more than four months after NYCHA issued its written decision, which ruled against her. The appeal was therefore untimely under Civil Practice Law and Rules Article 78 and must be dismissed.

Richardson v. NYCHA: 2011 NY Slip Op 08760, 2011 WL 5985434 (App. Div. 2 Dept.; 11/29/11; Angiolillo, JP, Hall, Austin, Miller, JJ)

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