LINDSAY PARK HOUSING CORP v. Kim Moorning-Brown, Appellant. (2001)

Supreme Court, Appellate Term, New York.

LINDSAY PARK HOUSING CORP., Respondent, v. Maurice GRANT, Sr., Respondent, Kim Moorning-Brown, Appellant.

Decided: December 07, 2001

Present: ARONIN, J.P., GOLIA and RIOS, JJ.

Kim Moorning-Brown, appellant pro se. Gallet Dreyer & Berkey, LLP, New York City (Beatrice Lesser of counsel), for Lindsay Park Housing Corp., respondent.

Final judgment unanimously affirmed without costs.

The Department of Housing Preservation and Development is vested with exclusive jurisdiction to determine the remaining-family-member claim in City-aided Mitchell-Lama housing (28 RCNY § 3-02[p]; Lindville Hous. Co. v. McGann, NYLJ, June 24, 1996 [App Term, 1st Dept], affd. 242 A.D.2d 479, 662 N.Y.S.2d 472), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assocs. v. Mourino, NYLJ, June 9, 1997 [App Term, 1st Dept] ). If appellant felt aggrieved by DHPD's determination, her remedy was to challenge the DHPD determination in a CPLR article 78 proceeding (id.).

MEMORANDUM.

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