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MATTER OF CHERRY v. NEW YORK CITY HOUSING AUTHORITY

1374.

67 A.D.3d 438 (2009)

889 N.Y.S.2d 20

2009 NY Slip Op 07953

In the Matter of CORNISHA CHERRY, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided November 5, 2009.

The proceeding cannot be maintained because the result petitioner ultimately seeks—restoration of her tenancy—would nullify a judgment of the Civil Court, entered during the pendency of this appeal, awarding possession of the apartment to the Housing Authority (see 73 NY Jur 2d, Judgments § 273). It does not avail petitioner that, unlike Matter of Bobian v New York City Hous. Auth. (55 A.D.3d 396 [2008]...

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