Cyril v. New York City Department of Housing Preservation & Development

Appellate Division of the Supreme Court of New York

Cyril v. New York City Department of Housing Preservation & Development

140 A.D.3d 632, 33 N.Y.S.3d 706

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

DecidedJune 28, 2016

Docket1601 101364/13

StatusPublished

This text of 140 A.D.3d 632 (Cyril v. New York City Department of Housing Preservation & Development) 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

Cyril v. New York City Department of Housing Preservation & Development, 140 A.D.3d 632, 33 N.Y.S.3d 706 (N.Y. Ct. App. 2016).

Pincite

Opinion

Determination of respondent New York City Department of Housing Preservation and Development, dated June 5, 2013, which, after a hearing, issued a certificate of eviction upon a finding that the Mitchell-Lama apartment leased to petitioner was not his primary residence, 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 [Joan B. Lobis, J.], entered Apr. 23, 2014), dismissed, without costs.

The determination that petitioner failed to maintain the apartment as his primary residence, in violation of the rules applicable to Mitchell-Lama apartments (see 28 RCNY 3-02 [n] [4]), is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]), including evidence that he used an address other than the apartment’s address for voting registration purposes, in unrelated court proceedings, and on his tax returns and W2 forms (see 28 RCNY 3-02 [n] [4] [i], [ii]; Matter of Ayvazayan v City of N.Y. Dept. of Hous. Preserv. & Dev., 129 AD3d 494 [1st Dept 2015]; Matter of Santiago v East Midtown Plaza Hous. Co., Inc., 59 AD3d 174 [1st Dept 2009]).

We have considered petitioner’s remaining contentions, including his argument that the record is incomplete, and find them unavailing.

Concur — Friedman, J.P, Andrias, Saxe, Richter and Kahn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determination of respondent New York City Department of Housing Preservation and Development, dated June 5, 2013, which, after a hearing, issued a certificate of eviction upon a finding that the Mitchell-Lama apartment leased to petitioner was not his primary residence, 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 [Joan B. Lobis, J.], entered Apr. 23, 2014), dismissed, without costs.

The determination that petitioner failed to maintain the apartment as his primary residence, in violation of the rules applicable to Mitchell-Lama apartments (see 28 RCNY 3-02 [n] [4]), is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]), including evidence that he used an address other than the apartment’s address for voting registration purposes, in unrelated court proceedings, and on his tax returns and W2 forms (see 28 RCNY 3-02 [n] [4] [i], [ii]; Matter of Ayvazayan v City of N.Y. Dept. of Hous. Preserv. & Dev., 129 AD3d 494 [1st Dept 2015]; Matter of Santiago v East Midtown Plaza Hous. Co., Inc., 59 AD3d 174 [1st Dept 2009]).

We have considered petitioner’s remaining contentions, including his argument that the record is incomplete, and find them unavailing.

Concur — Friedman, J.P, Andrias, Saxe, Richter and Kahn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

140 A.D.3d 632, 33 N.Y.S.3d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cyril-v-new-york-city-department-of-housing-preservation-development-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack