Matter of New York City Housing Authority v. Jackson

• Decision Date: 26 February 2008
• Docket Number: 2007-00822.
• Citation: 853 N.Y.S.2d 138,2008 NY Slip Op 01764,48 A.D.3d 818
• Parties: In the Matter of NEW YORK CITY HOUSING AUTHORITY, Appellant, v. THOMAS JACKSON, Respondent.
• Court: New York Supreme Court — Appellate Division

48 A.D.3d 818

853 N.Y.S.2d 138

2008 NY Slip Op 01764

In the Matter of NEW YORK CITY HOUSING AUTHORITY, Appellant, v. THOMAS JACKSON, Respondent.

2007-00822.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 26, 2008.

In a holdover proceeding, the petitioner appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts dated November 17, 2006 [13 Misc 2d 141 (A), 2006 NY Slip Op 52265 (U)], which modified an order of the Civil Court, Queens County (Katz, J.), entered January 27, 2005, by granting that branch of the motion of Thomas Jackson which was to vacate a stipulation of settlement dated March 26, 2001, the resulting judgment

of possession entered March 26, 2001, and the resulting warrant of eviction.

Ordered that the order dated November 17, 2006 is affirmed, with costs. In this holdover proceeding, the Civil Court appointed a guardian ad litem for Thomas Jackson, who resides in the public housing apartment that is the subject of this proceeding, upon a finding that Jackson, who has a history of psychological disorders and borderline intellectual functioning, was incapable of adequately defending his rights. Two weeks later, the guardian ad litem entered into a stipulation of settlement providing for a judgment of possession in favor of the petitioner, the issuance of a warrant of eviction, and a six-month stay of execution of the warrant. It is not discernible from this record whether there was any concrete plan in place at the time to relocate Jackson. At some point in 2001, the New York City Department of Social Services commenced a proceeding pursuant to Mental Hygiene Law article 81 for the appointment of a guardian of Jackson's person and property and, in October 2002, Self Help Community Services, Inc. (hereinafter Self Help), was appointed guardian of Jackson's person and property.

Although the stay was subsequently lifted, the petitioner never sought to execute the warrant of eviction. Consequently, in June 2004, Jackson, through Self Help, moved in the Civil Court, inter alia, to vacate the stipulation of settlement as well as the ensuing judgment and warrant of eviction, arguing that the guardian ad litem did not adequately protect his possible succession rights to the public housing apartment that is the subject of the proceeding. The Civil Court denied the motion. On appeal, the Appellate Term modified the order...