Cruz v New York City Housing Authority

Synopsis

The Appellate Division reversed a lower court order, granting the landlord's cross-motion and dismissing the tenant's CPLR article 78 petition as time-barred. The tenant sought to annul the 2024 denial of her administrative request for Section 8 subsidy restoration. The court held that the four-month statute of limitations under CPLR 217(1) was triggered in December 2019 when the tenant's Section 8 benefits were terminated, as this constituted the "final and binding" decision. Subsequent requests for restoration or agency correspondence did not toll the statute of limitations or constitute a new, final determination.