Edwards v. Mount Vernon Housing Authority

Appellate Division of the Supreme Court of New York

Edwards v. Mount Vernon Housing Authority

39 A.D.2d 543, 331 N.Y.S.2d 920, 1972 N.Y. App. Div. LEXIS 5034

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

DecidedApril 3, 1972

StatusPublished

This text of 39 A.D.2d 543 (Edwards v. Mount Vernon 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

Edwards v. Mount Vernon Housing Authority, 39 A.D.2d 543, 331 N.Y.S.2d 920, 1972 N.Y. App. Div. LEXIS 5034 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated July 1, 1971, terminating petitioner’s tenancy in housing premises operated by respondent. Determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, sections 1627-7.2 and 1627-7.3 of the Codes, Rules and Regulations of the Executive Department of the State of New York (9 NYCRR 1627-7.2, 1627-7.3) are constitutional in defining standards of desirability for public housing tenants. The record reveals that petitioner was afforded due process. She was given adequate notice as to her nondesirability. She was represented by counsel at a hearing and granted the right to confront the witnesses and challenge the evidence against her (Matter of Williams v. White Plains Housing Auth., 35 A D 2d 965). There was substantial evidence to support respondent’s determination as to petitioner’s nondesirability. Munder, Acting P. J., Martuseello, Shapiro, Brennan and Benjamin, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated July 1, 1971, terminating petitioner’s tenancy in housing premises operated by respondent. Determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, sections 1627-7.2 and 1627-7.3 of the Codes, Rules and Regulations of the Executive Department of the State of New York (9 NYCRR 1627-7.2, 1627-7.3) are constitutional in defining standards of desirability for public housing tenants. The record reveals that petitioner was afforded due process. She was given adequate notice as to her nondesirability. She was represented by counsel at a hearing and granted the right to confront the witnesses and challenge the evidence against her (Matter of Williams v. White Plains Housing Auth., 35 A D 2d 965). There was substantial evidence to support respondent’s determination as to petitioner’s nondesirability. Munder, Acting P. J., Martuseello, Shapiro, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 543, 331 N.Y.S.2d 920, 1972 N.Y. App. Div. LEXIS 5034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-mount-vernon-housing-authority-nyappdiv-1972.