West 95 Hous. Corp. v Baultwright

West 95 Hous. Corp. v Baultwright 2003 NY Slip Op 51262(U) Decided on September 10, 2003 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appellate Term, First Department

[*1] This opinion is uncorrected and will not be published in the Official Reports.
Digest-Index Classification:Administrative Law—Failure to Exhaust Administrative Remedies
Decided on September 10, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
571120/02

WEST 95 HOUSING CORP., Petitioner-Landlord-Respondent,



ROBERT BAULTWRIGHT,

[*2]70 West 95th Street Apartment 15-E New York, N.Y. 10025 Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated November 22, 2002 (Cyril K. Bedford, J.) granting landlord's motion for summary judgment in a summary holdover proceeding.

PER CURIAM:

Order dated November 22, 2002 (Cyril K. Bedford, J.) affirmed, with $10 costs.

The certificate of eviction issued by the New York City Department of Housing Preservation and Development following an administrative hearing, based upon tenant's nonprimary residence of a Mitchell-Lama apartment, cannot be collaterally attacked in this ensuing holdover proceeding (see, Parisi v Hines, 131 Misc 2d 582, affd [*3]134 Misc 2d 20 [App Term, 1st Dept]; New York City Housing Authority v Williams, 179 Misc 2d 822 [App Term, 2d Dept]). Tenant's proper remedy, after exhausting all administrative remedies, was to commence a CPLR article 78 proceeding challenging the determination of the agency. Accordingly, summary judgment in landlord's favor was warranted.

We note that the instant proceeding was properly commenced upon a thirty-day notice of termination. Landlord was not required to serve a notice of nonrenewal since appellant was not a tenant under a rent stabilized lease (see, Mazda Realty Assocs. v Green, 187 Misc 2d 419, 4209 [App Term, 1st Dept]).

We have considered tenant's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.