Matter of Gonzalez v New York City Hous. Auth., 2011 NY Slip Op 01738 [82 AD3d 511]

March 10, 2011

Appellate Division, First Department

— [*1]

Hector Gonzalez, appellant pro se.

Sonya M. Kaloyanides, General Counsel, New York (Andrew M. Lupin of counsel), for respondent.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered June 21, 2010, which denied the petition seeking, inter alia, monetary damages on the basis that the actions of neighbors in petitioner’s public housing development caused him mental anguish and granted respondent’s cross motion to dismiss this purported CPLR article 78 proceeding, unanimously affirmed, without costs.

To the extent that petitioner claims that respondent was responsible for certain disturbances caused by his neighbors, petitioner did not file any grievance and respondent rendered no determination relating to those claims. Accordingly, Supreme Court properly dismissed the proceeding for petitioner’s failure to exhaust his administrative remedies ( see CPLR 7801).

[*2] We have considered petitioner’s remaining contentions, and find them unavailing. Concur—Saxe, J.P., Friedman, Acosta, DeGrasse and Richter, JJ..