Cubilete v. Morales

92 A.D.3d 470, 937 N.Y.2d 851

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 9, 2012
• Status: Published

Opinion

The hearing officer’s findings of willful misrepresentation, nonverifiable income and breach of rules and regulations are supported by substantial evidence. Moreover, given petitioner’s misconduct over a four-year period, the penalty of termination does not shock one’s sense of fairness, notwithstanding the hardship to petitioner (see Matter of Bland v New York City Hous. Auth., 72 AD3d 528, 528 [2010]; Matter of Smith v New York City Hous. Auth., 40 AD3d 235 [2007], lv denied 9 NY3d 816 [2007]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur — Tom, J.E, Mazzarelli, Renwick, Freedman and Manzanet-Daniels, JJ.