2 No. 101
   In the Matter of Lola Yarbough,
   Respondent,
   v.
   Ruben Franco, et al.,
   Appellants.
     _________________________________________________________________

   2000 NY Int. 114

   October 26, 2000

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Henry Schoenfeld, for appellants.
   Mimi Rosenberg, for respondent.
   New York City Public Housing Resident Alliance, amicus curiæ.
     _________________________________________________________________

   CIPARICK, J.:

   At issue on this appeal is whether the four-month Statute of
   Limitations for challenging the denial of a tenant's request to vacate
   a New York City Housing Authority default determination accrues upon
   entry of the default or upon denial of the tenant's request to vacate
   it. We conclude that the limitations period begins to run from receipt
   of the denial of the request to vacate the default.

   Petitioner Lola Yarbough is a tenant in a low-income housing project
   owned by respondent New York City Housing Authority. In May 1996, the
   Authority sought to terminate petitioner's tenancy, charging her with
   violating its rules by allowing unauthorized family members to reside
   with her. After several adjournments, a hearing was scheduled for
   November 29, 1996. When petitioner failed to appear on that date, the
   Hearing Officer entered a default determination and sustained the
   charges. Although the default was entered on December 3, 1996, the
   Authority did not serve notice of it until on or about April 1, 1997.

   Petitioner received the notice on April 7, 1997 and the next day filed
   a request to vacate the default pursuant to paragraph 8 of the
   Authority's Termination of Tenancy Procedures,(1) maintaining that
   she never received notice of the November 29, 1996 adjournment. Months
   later, by decision dated June 24, 1997 and sent to petitioner by mail,
   the Authority denied her request as untimely.