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New York City Hous. Auth. v Tutuianu (2010 NY Slip Op 51337(U))
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Decided on July 22, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., GOLIA and STEINHARDT, JJ 2009-1040 Q C.
New York City Housing Authority MANAGED BY POMONOK HOUSES, Respondent,
against
Mihail Tutuianu, Appellant.
Appeal from an order of the Civil Court of the City of New York, Queens County (Michael J. Pinckney, J.), entered April 9, 2008. The order denied tenant's motion for the disqualification of Judge Pinckney in a nonpayment summary proceeding.
ORDERED that the order is affirmed without costs.
In this nonpayment proceeding commenced in September 2006, tenant interposed an answer which, among other things, asserted counterclaims alleging that certain repairs were never made and that he was being harassed. In September 2007, landlord discontinued the proceeding based upon its inability to establish a prima facie case at that time, and the Civil Court adjourned the matter for an abatement hearing. In October 2007, landlord commenced a new nonpayment
file:///C|/Users/Peter/Desktop/NY/1/2010_51337.htm[4/21/2013 11:59:08 AM] New York City Hous. Auth. v Tutuianu (2010 NY Slip Op 51337(U))
proceeding against tenant. In March 2008, it having been determined that tenant had not sought an abatement in the instant proceeding, i.e., the proceeding commenced in 2006, the court severed tenant's counterclaims. Tenant thereafter moved to, among other things, disqualify Judge Pinckney, the judge who had most recently presided over the 2006 proceeding, which motion was denied by order dated April 9, 2008.
We note initially that although tenant, in his appellate brief, states that he is appealing from multiple orders, his notice of appeal, filed on April 25, 2008, is limited to the order of April 9, 2008, which denied his motion to disqualify Judge Pinckney in the instant proceeding.
In the absence of a ground for disqualification under Judiciary Law

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