Matter of Jewish Assn. for Servs. for the Aged v Rhea

Matter of Jewish Assn. for Servs. for the Aged v Rhea 2014 NY Slip Op 01373 Decided on February 27, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 27, 2014
Tom, J.P., Saxe, DeGrasse, Richter, Clark, JJ.
11212 400591/12

[*1]In re Jewish Association for Services for the Aged, etc., Petitioner-Appellant,

v

John B. Rhea, etc., et al., Respondents-Respondents.




Manhattan Legal Services, New York (Rosalind Black of
counsel), for appellant.
Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for
respondents.

Appeal from judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered January 31, 2013, granting the cross motion of respondent New York City Housing Authority (NYCHA) to dismiss the petition, which sought to annul NYCHA's determination to terminate the tenancy of Sol Rodriguez, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously held in abeyance, without costs, and the matter remanded to Supreme Court for a hearing on whether the statute of limitations should be tolled due to petitioner's mental condition.

In view of NYCHA's apparent departure from its termination of tenancy procedures, the hearing officer's recommendation of probation and evidence of petitioner's uncertain mental capabilities, we exercise our discretion to direct further inquiry into her mental state during the period following the issuance of respondents' determination.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 27, 2014

DEPUTY CLERK