Matter of Oehling v Donovan (2005 NY Slip Op 50464(U))
[*1]
Matter of Oehling v Donovan
2005 NY Slip Op 50464(U)
Decided on April 1, 2005
Supreme Court, Kings County
Harkavy, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on April 1, 2005
Supreme Court, Kings County
In the Matter of the Application of Kimberly Oehling, Petitioner,
against
Shaun Donovan, as Commissioner of the New York City Department of Housing Preservation and Development, and the N.Y.C. Department of Housing Preservation and Development, and Lindsay Park Housing Corp., Respondents.
41302/04
Ira B. Harkavy, J.
Petitioner, Kimberly Oehling moves for a judgment pursuant to CPLR Article 78 annulling and vacating the decision made by respondent, dated August 19, 2004, which issued a "Certificate of Eviction" based upon an allegation of petitioner not being in occupancy for two years immediately prior to the death of the tenant of record; and directing that respondents establish petitioner's tenancy and grant her a lease.
Petitioner is seeking equitable relief to compel the New York City Department of Housing and Preservation and Development ("DHPD") to review the record of the administrative hearing and reverse and vacate its determination to issue a "Certificate of Eviction" and deny petitioner her succession rights to a tenancy at 54 Boerum Street, Apt. 20G, Brooklyn, New York, a Mitchell Lama Cooperative.