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Simmons v. Popolizio

78 N.Y.2d 917 Court N.Y. Decision date 1991-06-27 English

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p. 917
In the Matter of Talisha Simmons, Appellant, v Emanuel P. Popolizio, as Chairman of the New York City Housing Authority, et al., Respondents.
Argued May 30, 1991;
decided June 27, 1991
p. 918
APPEARANCES OF COUNSEL
Russell Engler, John C. Gray, Jr., David Pieragostini and Tracy Miller for appellant.
Harry Steinberg and Suzanne M. Lynn for respondents.
Stephen Myers for MFY Legal Services, amicus curiae.

OPINION OF THE COURT

Order affirmed, without costs. Assuming without deciding that the article 78 proceeding is timely under CPLR 217, the June 17, 1988 determination sought to be reviewed cannot be said to constitute an abuse of discretion under the circumstances presented by this case.

p. 919
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.