Matter of Bobian v New York City Hous. Auth.
2008 NY Slip Op 07797 [55 AD3d 396]
October 16, 2008
Appellate Division, First Department
As corrected through Wednesday, December 10, 2008


In the Matter of Deborah Bobian, Respondent,
v
New YorkCity Housing Authority, Appellant.

—[*1]Ricardo Elias Morales, New York (Corina L. Leske of counsel), for appellant.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered April 14, 2008,which, in a CPLR article 78 proceeding by petitioner tenant to annul respondent HousingAuthority's determination terminating petitioner's tenancy for chronic delinquency in the paymentof rent, granted the application to the extent of remanding the matter to the Housing Authority forimposition of a lesser penalty, unanimously reversed, on the law, without costs, the applicationdenied, and the petition dismissed. Appeal from order, same court and Justice, entered on orabout January 17, 2008, which directed respondent to put petitioner in possession of a HousingAuthority apartment pending determination of this proceeding, unanimously dismissed, withoutcosts, as academic.

At the time this proceeding was commenced, the Housing Authority had already obtained ajudgment of possession and warrant of eviction against petitioner in a nonpayment proceeding inCivil Court. In vacating the Housing Authority's determination and remanding for a lesserpenalty, Supreme Court exceeded its authority by effectively nullifying Civil Court's judgmentand warrant, which were not subject to collateral attack in Supreme Court absent a showing, notmade here, that Civil Court lacked jurisdiction to award possession to the Housing Authority ororder petitioner's eviction (see McLaughlin v Hernandez, 16 AD3d 344, 346 [2005]).Concur—Saxe, J.P., Catterson, McGuire, Acosta and DeGrasse, JJ.


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