Case Type
Non-payment
Housing Type
Other
Court
Supreme Court of the State of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
451904/2023
Slip Opinion Number
31077(U)
Petitioner
Michael Jankowitz
Respondent
New York State Office of Temporary Disability Assistance
Judge
Kelley, John J.
Decision/Order Date
2024-03-29
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this Article 78 proceeding, landlord challenged determinations by the Office of Temporary Disability Assistance (OTDA) regarding his Emergency Rental Assistance Program (ERAP) applications. OTDA cross-moved to dismiss or transfer venue. The court granted the motion to transfer venue to Albany County, emphasizing that the material events in such a determination are limited to the OTDA's office where deliberations occurred, which was in Albany. Landlord's challenge to the determinations was dismissed, and tenant substantially won the motion, leading to a change in venue.
Recommended Citation
"Matter of Jankowitz v. New York State Office of Temporary Disability Assistance" (2024). All Decisions. 1451.
https://ir.lawnet.fordham.edu/housing_court_all/1451
