Cataquet v. Hernandez-Pinero

Appellate Division of the Supreme Court of New York

Cataquet v. Hernandez-Pinero

198 A.D.2d 193, 605 N.Y.S.2d 852

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

DecidedNovember 30, 1993

StatusPublished

Cited by3 cases

This text of 198 A.D.2d 193 (Cataquet v. Hernandez-Pinero) 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.

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Cataquet v. Hernandez-Pinero, 198 A.D.2d 193, 605 N.Y.S.2d 852 (N.Y. Ct. App. 1993).

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Opinion

—Determination of respondent New York City Housing Authority dated July 22, 1992, which terminated petitioner’s tenancy, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Seymour Schwartz, J.], entered January 25, 1993) is dismissed, without costs and disbursements.

This Court will not second guess the Hearing Officer’s rejection of petitioner’s version of events as incredible (see, Matter of Serrano v Popolizio, 183 AD2d 430). Given that the police had a search warrant for petitioner’s premises, and that substantial quantities of narcotics were seized from various locations within her apartment, there was substantial evidence to support the Hearing Officer’s ultimate conclusions of fact (see, Matter of Blanco v Popolizio, 190 AD2d 554, 555). Concur — Carro, J. P., Rosenberger, Ellerin and Kassal, JJ.

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—Determination of respondent New York City Housing Authority dated July 22, 1992, which terminated petitioner’s tenancy, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Seymour Schwartz, J.], entered January 25, 1993) is dismissed, without costs and disbursements.

This Court will not second guess the Hearing Officer’s rejection of petitioner’s version of events as incredible (see, Matter of Serrano v Popolizio, 183 AD2d 430). Given that the police had a search warrant for petitioner’s premises, and that substantial quantities of narcotics were seized from various locations within her apartment, there was substantial evidence to support the Hearing Officer’s ultimate conclusions of fact (see, Matter of Blanco v Popolizio, 190 AD2d 554, 555). Concur — Carro, J. P., Rosenberger, Ellerin and Kassal, JJ.

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198 A.D.2d 193, 605 N.Y.S.2d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cataquet-v-hernandez-pinero-nyappdiv-1993.

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