Vinson v. Greenburgh Housing Authority

• Decision Date: 30 October 1969
• Parties: , 254 N.E.2d 341 Bennie VINSON and Bertha Vinson, Respondents, v. GREENBURGH HOUSING AUTHORITY, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 259

306 N.Y.S.2d 259

25 N.Y.2d 643, 254 N.E.2d 341

Bennie VINSON and Bertha Vinson, Respondents, v. GREENBURGH HOUSING AUTHORITY, Appellant.

Court of Appeals of New York.

Oct. 30, 1969.

Motion to dismiss appeal from order of Supreme Court, Appellate Division, 29 A.D.2d 338, 288 N.Y.S.2d 159.

Tenants in housing project owned and managed by Housing Authority brought an Article 78 proceeding against Housing Authority to annul determination of Housing Authority to institute summary proceedings to evict tenants.

The Supreme Court, Special Term, Westchester County, Joseph F. Hawkins, J., rendered an order granting a motion for an order in favor of the tenants, and the Housing Authority appealed by permission.

The Appellate Division, Hopkins, J., entered an order March 11, 1968, which affirmed the order of the Special Term. The Appellate Division held that Housing Authority may not evict tenants on mere whim or caprice or for arbitrary reason. Beldock, P.J., and Christ, J., dissented.

The Housing Authority appealed to the Court of Appeals, and motion was made in the Court of Appeals to dismiss the appeal.

Motion to dismiss the appeal denied.