IN RE: Maria VELASQUEZ

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Supreme Court, Appellate Division, First Department, New York.

IN RE: Maria VELASQUEZ, Petitioner-Appellant, v. Tino HERNANDEZ, as Chair of the New York City Housing Authority, et al., Respondents-Respondents.

Decided: November 29, 2005

FRIEDMAN, J.P., SULLIVAN, NARDELLI, WILLIAMS, SWEENY, JJ. The Legal Aid Society, Staten Island (Christopher D. Lamb of counsel), for appellant. Ricardo Elias Morales, New York (Meredith G. Livoti of counsel), for respondents.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered August 23, 2004, which denied petitioner's application to annul respondent Housing Authority's determination terminating petitioner's tenancy upon her third default in appearing at an administrative hearing, and directed the Clerk to dismiss the petition, unanimously affirmed, without costs.

No basis exists to disturb respondent's summary rejection of the same excuse petitioner had used a year earlier in vacating her second default (see Matter of Daniels v. Popolizio, 171 A.D.2d 596, 567 N.Y.S.2d 459 [1991] ), namely, that she did not have a mailbox key and did not retrieve the hearing notice until after the scheduled hearing date.   As the application court noted, petitioner did not explain how she could have gone without access to her mailbox for so long, or suggest that she did not receive other mailings from respondent, including the Hearing Officer's decision vacating her second default. We have considered petitioner's other arguments and find them unavailing.