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Quinones v. N.Y.C. Hous. Auth.

Supreme Court, Appellate Division, First Department, New York.
Jun 16, 2015
129 A.D.3d 537 (N.Y. App. Div. 2015)

Opinion

15446 400415/14

06-16-2015

In re Gladys Quinones, Petitioner, v. New York City Housing Authority, Respondent.

Gladys Quinones, petitioner pro se. David I. Farber, New York (Andrew M. Lupin of counsel), for respondent.


Gladys Quinones, petitioner pro se.

David I. Farber, New York (Andrew M. Lupin of counsel), for respondent.

Determination of respondent, dated March 6, 2014, which, after a hearing, terminated petitioner's public housing tenancy, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Cynthia S. Kern, J.], entered June 16, 2014), dismissed, without costs.

The determination that petitioner violated a stipulation that excluded her son from her apartment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). The record shows that petitioner repeatedly failed to exclude her son from the premises, despite having agreed to do so on multiple occasions.

Under the circumstances presented, the penalty of

termination does not shock our sense of fairness (see e.g. Matter of Lopez v New York City Hous. Auth., 121 AD3d 610 [1st Dept 2014], lv denied 24 NY3d 917 [2015]; Matter of Grant v New York City Hous. Auth., 116 AD3d 630 [1st Dept 2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 16, 2015

CLERK


Summaries of

Quinones v. N.Y.C. Hous. Auth.

Supreme Court, Appellate Division, First Department, New York.
Jun 16, 2015
129 A.D.3d 537 (N.Y. App. Div. 2015)
Case details for

Quinones v. N.Y.C. Hous. Auth.

Case Details

Full title:In re Gladys Quinones, Petitioner, v. New York City Housing Authority…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 16, 2015

Citations

129 A.D.3d 537 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 5127
10 N.Y.S.3d 431

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