Figueroa v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Figueroa v. New York City Housing Authority

227 A.D.2d 119, 641 N.Y.S.2d 315, 1996 N.Y. App. Div. LEXIS 4757

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

DecidedMay 2, 1996

StatusPublished

This text of 227 A.D.2d 119 (Figueroa 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.

Bluebook

Figueroa v. New York City Housing Authority, 227 A.D.2d 119, 641 N.Y.S.2d 315, 1996 N.Y. App. Div. LEXIS 4757 (N.Y. Ct. App. 1996).

Pincite

Opinion

In this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court, New York County (Walter B. Tolub, J.), entered October 14, 1994, the petition is unanimously granted and respondent’s determination dated April 13, 1994, which required petitioner to remove his dog Blackie from his public housing apartment, is annulled and vacated, without costs.

Inasmuch as Blackie has lived with petitioner and his daughter at the LaGuardia Houses with the knowledge of the [120]*120landlord and without incident since 1985, and no evidence was presented of prior acts to support a finding of "vicious propensities”, the Hearing Officer’s finding and respondent’s determination to that effect were not based upon substantial evidence and must be annulled. Concur — Milonas, J. P., Kupferman, Ross and Tom, JJ.

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In this CPLR article 78 proceeding transferred to this Court by order of the Supreme Court, New York County (Walter B. Tolub, J.), entered October 14, 1994, the petition is unanimously granted and respondent’s determination dated April 13, 1994, which required petitioner to remove his dog Blackie from his public housing apartment, is annulled and vacated, without costs.

Inasmuch as Blackie has lived with petitioner and his daughter at the LaGuardia Houses with the knowledge of the [120]*120landlord and without incident since 1985, and no evidence was presented of prior acts to support a finding of "vicious propensities”, the Hearing Officer’s finding and respondent’s determination to that effect were not based upon substantial evidence and must be annulled. Concur — Milonas, J. P., Kupferman, Ross and Tom, JJ.

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Bluebook (online)

227 A.D.2d 119, 641 N.Y.S.2d 315, 1996 N.Y. App. Div. LEXIS 4757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-new-york-city-housing-authority-nyappdiv-1996.