Justice Arlene Bluth

Tenant Sanders sought to vacate her second default in appearing for a hearing on her remaining family member grievance. The New York City Housing Authority (NYCHA) cross-moved for dismissal, arguing Sanders failed to state a cause of action as she failed to exhaust her administrative remedies by failing to apply to vacate her default. Sanders argued she was entitled to succeed to her mother’s tenancy. In this third Article 78 petition, Sanders claimed NYCHA did not notify her of a hearing to open her default in a timely manner, hence she failed to appear. The court noted that as Sanders failed to demonstrate she exhausted all administrative remedies, an Article 78 proceeding must be dismissed as premature. It also ruled as Sanders failed to apply to open her November 2011 default, she failed to exhaust her administrative remedies and this proceeding was premature, and was dismissed. The court concluded the record amply showed that Sanders did not comply with NYCHA’s grievance procedures requiring the grievant to be current with use and occupancy as a prerequisite to a hearing on the merits for remaining family member grievance claims. Thus, NYCHA’s cross-motion for dismissal was granted.