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Midtown Towers resident loses appeal of eviction
By BRIAN KELLY
TIMES STAFF WRITER
FRIDAY, AUGUST 8, 2008

A Midtown Towers resident who fought her eviction for three years has lost her final appeal and will be out of her apartment by this morning.

Denise R. Walcott said Thursday evening that a state Appellate Division, Fourth Department, judge denied her request for a stay Thursday that would have allowed her to remain in the publicly subsidized housing.

She said she must be out of her apartment by 9:30 a.m. today, although she planned to work throughout the night to be gone before then.

"I have wonderful people in this building who are helping me," she said.

She said she was unsure where she was heading, but said she had a few options, at least temporarily.

Mrs. Walcott has been fighting eviction since July 2005 after the Watertown Housing Authority said she violated her lease by hosting a Fourth of July picnic for tenants without the authority's permission, harassing other tenants and failing a fire inspection.

Three courts, including the Appellate Division, upheld the eviction and the state's highest court, the Court of Appeals, declined to hear her case.

Last month, she filed action in state Supreme Court asking that a new lease she signed in April be declared valid. Her argument was that because she was in compliance with the new lease, she was a tenant in good standing and should not be evicted.

In late July, Judge Hugh A. Gilbert ruled against her and her attorney, Eric Tohtz, Syracuse, appealed, leading to Thursday's rejection of her request for a stay that would have allowed her to stay in the 142 Mechanic St. apartment.

Mr. Tohtz could not be reached for comment Thursday, but Mrs. Walcott said she intends to continue to fight the eviction determination. At issue for Mrs. Walcott is her ability ever to live in publicly subsidized housing again. A person evicted from such housing becomes ineligible to reapply to live there.

"We may have lost some significant battles, but not the war," she said.

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