Batten-Smith v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Batten-Smith v. New York City Housing Authority

81 A.D.3d 641, 916 N.Y.S.2d 795

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 1, 2011

StatusPublished

This text of 81 A.D.3d 641 (Batten-Smith v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batten-Smith v. New York City Housing Authority, 81 A.D.3d 641, 916 N.Y.S.2d 795 (N.Y. Ct. App. 2011).

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Opinion

[642]*642Proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority dated May 27, 2009, which adopted the recommendation of a hearing officer dated May 14, 2009, made after a hearing, finding that the petitioner was ineligible to continue her occupancy of an apartment in a public housing development on the ground, inter alia, of nondesirability, and terminated her tenancy.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The record supports the finding that someone in the petitioner’s apartment possessed a gun and pointed it at another tenant in a threatening manner. Accordingly, the determination of the New York City Housing Authority is supported by substantial evidence and, therefore, will not be disturbed (see Matter of Diaz v Hernandez, 66 AD 3d 525 [2009]). Angiolillo, J.P., Hall, Roman and Cohen, JJ., concur.

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[642]*642Proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority dated May 27, 2009, which adopted the recommendation of a hearing officer dated May 14, 2009, made after a hearing, finding that the petitioner was ineligible to continue her occupancy of an apartment in a public housing development on the ground, inter alia, of nondesirability, and terminated her tenancy.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The record supports the finding that someone in the petitioner’s apartment possessed a gun and pointed it at another tenant in a threatening manner. Accordingly, the determination of the New York City Housing Authority is supported by substantial evidence and, therefore, will not be disturbed (see Matter of Diaz v Hernandez, 66 AD 3d 525 [2009]). Angiolillo, J.P., Hall, Roman and Cohen, JJ., concur.

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Bluebook (online)

81 A.D.3d 641, 916 N.Y.S.2d 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batten-smith-v-new-york-city-housing-authority-nyappdiv-2011.