LINDSAY PARK HOUSING CORP. v. GRANT

Final judgment unanimously affirmed without costs.

The Department of Housing Preservation and Development is vested with exclusive jurisdiction to determine the remaining-family-member claim in City-aided Mitchell-Lama housing (28 RCNY § 3-02[p]; Lindville Hous. Co. v. McGann, NYLJ, June 24, 1996 [App Term, 1st Dept], affd 242 A.D.2d 479), and its issuance of a certificate of eviction cannot be collaterally attacked in the subsequent summary proceeding (Yorkville Towers Assocs. v. Mourino, NYLJ, June 9, 1997 [App Term, 1st Dept]). If appellant felt aggrieved by DHPD's determination, her remedy was to challenge the DHPD determination in a CPLR article 78 proceeding (id.).