Respondent, Era Boggen has moved to dismiss the
petition on the grounds that this Court lacks subject matter jurisdiction. Specifically, Respondent
contends that this Court can't determine this case until Respondent has exhausted her appeals
process. Respondent was served with a letter dated February 4, 2008, from Executive Director
John G. Duenges informing Respondent:
When I spoke to you last week, you requested that a white, male, friend be allowed to stay in
your apartment for two weeks and I told you that your guest, per your lease may stay with you for
four consecutive days and then must vacate your apartment. I have witnessed your guest setting
on your porch last week through today and at times walking the grounds which is beyond four
days and therefore you are in violation of your lease. Please have your guest vacate your
apartment immediately or your lease will be terminated and you will be evicted. Thank you for
your cooperation in this matter.
On February 11, 2008, Petitioner issued another notice of termination of lease stating:
You are hereby given notice that your lease for Apartment D at 5 Old Mill Court, Rockville
Centre, New York is terminated on March 31, 2008.
Should you wish to file an appeal on this decision, a copy of the Rockville Centre Housing
Authority grievance procedure is enclosed. Your request for an appeal must be made in writing to
the Rockville Centre Housing Authority within 14 days of the mailing date on this letter.
A special meeting of the Rockville Centre Housing Authority was held on April 3, 2008, at
the management office located at 160 N. Centre Avenue, Rockville Centre, New York. In
attendance at the meeting were Vice Chairman - Hearing Officer Robert J. Pagnotta, Secretary -