IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC., res-res

9908. IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC., res-res — 9909IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC. Respondents-ap — Sonya Kaloyanides and Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for ap — The Bronx Defenders, Bronx (Anna Arkin-Gallagher of counsel), for res — Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered July 28, 2010, granting the petition seeking to annul the determination of respondent New York City Housing Authority (NYCHA), dated June 3, 2009, which terminated petitioner's tenancy upon findings of nondesirability and breach of rules and regulations, to the extent of sua sponte remanding the matter for a new mental competence evaluation, reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed. Judgment, same court (Manuel J. Mendez, J.), entered July 18, 2012, granting the petition seeking to vacate the decision of an NYCHA hearing officer, dated December 30, 2011, which denied petitioner's motion to set aside NYCHA's determination terminating her public housing tenancy, and remanding the matter for a new hearing at which petitioner would be afforded the assistance of a guardian ad litem, reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed.

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9908. IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC., res-res — 9909IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC. Respondents-ap — Sonya Kaloyanides and Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for ap — The Bronx Defenders, Bronx (Anna Arkin-Gallagher of counsel), for res — Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered July 28, 2010, granting the petition seeking to annul the determination of respondent New York City Housing Authority (NYCHA), dated June 3, 2009, which terminated petitioner’s tenancy upon findings of nondesirability and breach of rules and regulations, to the extent of sua sponte remanding the matter for a new mental competence evaluation, reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed. Judgment, same court (Manuel J. Mendez, J.), entered July 18, 2012, granting the petition seeking to vacate the decision of an NYCHA hearing officer, dated December 30, 2011, which denied petitioner’s motion to set aside NYCHA’s determination terminating her public housing tenancy, and remanding the matter for a new hearing at which petitioner would be afforded the assistance of a guardian ad litem, reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed.

As petitioner concedes, in the order entered July 28, 2010, the Supreme Court erred in sua sponte remanding the matter for a second mental competence evaluation, since no challenge to the mental health evaluation was raised in the administrative proceedings or in the subject petition (see e.g. Lombardo v. Mastec N. Am., Inc., 68 AD3d 935, 936-937 [2d Dept 2009]).

IN RE YVONNE MERRITT, pet-res, v. JOHN B. RHEA, ETC., res-res

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