Cruz v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Cruz v. New York City Housing Authority

282 A.D.2d 230, 722 N.Y.S.2d 548, 2001 N.Y. App. Div. LEXIS 3369

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

DecidedApril 5, 2001

StatusPublished

Cited by3 cases

This text of 282 A.D.2d 230 (Cruz 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.

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Cruz v. New York City Housing Authority, 282 A.D.2d 230, 722 N.Y.S.2d 548, 2001 N.Y. App. Div. LEXIS 3369 (N.Y. Ct. App. 2001).

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Opinion

—Determination of respondent Housing Authority, dated March 24, 1999, which terminated petitioner’s public housing tenancy on the ground of nondesirability, 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 [Kibbie Payne, J.], entered December 7, 1999), dismissed, without costs.

Respondent’s finding of nondesirability is supported by substantial evidence, including a police officer’s testimony that upon executing a search warrant of petitioner’s apartment, he recovered a bag containing heroin residue on petitioner’s bedroom dresser along with a second bag, also found in petitioner’s bedroom, containing 50 to 100 clear ziplock bags. No basis exists to disturb respondent’s findings of credibility rejecting petitioner’s testimony that she never brought illegal drugs into her apartment. The penalty of termination does not shock our sense of fairness (see, Matter of Walker v Franco, 275 AD2d 627). Concur — Nardelli, J. P., Tom, Ellerin, Lerner and Rubin, JJ.

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—Determination of respondent Housing Authority, dated March 24, 1999, which terminated petitioner’s public housing tenancy on the ground of nondesirability, 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 [Kibbie Payne, J.], entered December 7, 1999), dismissed, without costs.

Respondent’s finding of nondesirability is supported by substantial evidence, including a police officer’s testimony that upon executing a search warrant of petitioner’s apartment, he recovered a bag containing heroin residue on petitioner’s bedroom dresser along with a second bag, also found in petitioner’s bedroom, containing 50 to 100 clear ziplock bags. No basis exists to disturb respondent’s findings of credibility rejecting petitioner’s testimony that she never brought illegal drugs into her apartment. The penalty of termination does not shock our sense of fairness (see, Matter of Walker v Franco, 275 AD2d 627). Concur — Nardelli, J. P., Tom, Ellerin, Lerner and Rubin, JJ.

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Bluebook (online)

282 A.D.2d 230, 722 N.Y.S.2d 548, 2001 N.Y. App. Div. LEXIS 3369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-new-york-city-housing-authority-nyappdiv-2001.

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