In the Matter of Lola Yarbough, Respondent v. Ruben Franco, Appellants

Summary

The Court held that the four‑month statute of limitations for an article 78 review of a NYCHA default determination begins to run when the tenant receives the Authority’s denial of her request to vacate the default, and that a motion to vacate a default is not a mere motion to reconsider but tolls the limitations period. Accordingly, the Court affirmed the Appellate Division’s order.