Majority
p. 777[740 NYS2d 552] Lindsay Park Housing Corp., Respondent, v Maurice Grant, Sr., Respondent, and Kim Moorning-Brown, Appellant. Supreme Court, Appellate Term, Second Department, December 7, 2001
APPEARANCES OF COUNSEL
Kim Moorning-Brown, appellant pro se. Gallet Dreyer & Berkey, LLP, New York City (Beatrice Lesser of counsel), for Lindsay Park Housing Corp., respondent.
OPINION OF THE COURT
Memorandum.
The Department of Housing Preservation and Development (DHPD) 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,
p. 778
NYLJ, June 24, 1996, at 29, col 6 [App Term, 1st Dept], affd 242 AD2d 479 ), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assoc. v Mourino, NYLJ, June 9, 1997, at 29, col 3 [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.).
Aronin, J.P., Golia and Rios, JJ., concur.