Matter of Quinones v. New York City Hous. Auth.

Appellate Division of the Supreme Court of New York

Matter of Quinones v. New York City Hous. Auth.

129 A.D.3d 537, 10 N.Y.S.3d 431

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

DecidedJune 16, 2015

Docket15446 400415/14

StatusPublished

Cited by1 cases

This text of 129 A.D.3d 537 (Matter of Quinones v. New York City Hous. Auth.) 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

Matter of Quinones v. New York City Hous. Auth., 129 A.D.3d 537, 10 N.Y.S.3d 431 (N.Y. Ct. App. 2015).

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Opinion

Determination of respondent, dated March 6, 2014, which, after a hearing, terminated petitioner’s public housing tenancy, 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 [Cynthia S. Kern, J.], entered June 16, 2014), dismissed, without costs.

The determination that petitioner violated a stipulation that excluded her son from her apartment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). The record shows that petitioner repeatedly failed to exclude her son from the premises, despite having agreed to do so on multiple occasions.

Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see e.g. Matter of Lopez v New York City Hous. Auth., 121 AD3d 610 [1st Dept 2014], lv denied 24 NY3d 917 [2015]; Matter of Grant v New York City Hous. Auth., 116 AD3d 630 [1st Dept 2014]).

Concur — Acosta, J.P., Renwick, Moskowitz, Manzanet-Daniels and Feinman, JJ.

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Determination of respondent, dated March 6, 2014, which, after a hearing, terminated petitioner’s public housing tenancy, 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 [Cynthia S. Kern, J.], entered June 16, 2014), dismissed, without costs.

The determination that petitioner violated a stipulation that excluded her son from her apartment is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). The record shows that petitioner repeatedly failed to exclude her son from the premises, despite having agreed to do so on multiple occasions.

Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see e.g. Matter of Lopez v New York City Hous. Auth., 121 AD3d 610 [1st Dept 2014], lv denied 24 NY3d 917 [2015]; Matter of Grant v New York City Hous. Auth., 116 AD3d 630 [1st Dept 2014]).

Concur — Acosta, J.P., Renwick, Moskowitz, Manzanet-Daniels and Feinman, JJ.

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129 A.D.3d 537, 10 N.Y.S.3d 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-quinones-v-new-york-city-hous-auth-nyappdiv-2015.

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