Ortiz v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Ortiz v. New York City Housing Authority

245 A.D.2d 86, 666 N.Y.S.2d 120, 1997 N.Y. App. Div. LEXIS 12759

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

DecidedDecember 9, 1997

StatusPublished

Cited by2 cases

This text of 245 A.D.2d 86 (Ortiz 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

Ortiz v. New York City Housing Authority, 245 A.D.2d 86, 666 N.Y.S.2d 120, 1997 N.Y. App. Div. LEXIS 12759 (N.Y. Ct. App. 1997).

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Opinion

—Determination of respondent New York City Housing Authority dated September 2, 1992, which terminated petitioner’s public housing tenancy upon a finding of nondesirability, 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 [Carmen Ciparick, JJ, entered July 14, 1993), dismissed, without costs.

The charges of nondesirability based on the sale and possession of illegal drugs in or from the subject apartment by petitioner and several members of her household over a period of several years were supported by substantial evidence, [87]*87consisting of the testimony of police officers who arrested petitioner in the apartment and other police officers who participated in the execution of search warrants at the apartment. In light of the evidence adduced at the hearing of the long-term use of petitioner’s apartment as a base for drug dealing, and the absence of a credible defense to the charges, the penalty of termination was amply warranted (compare, Matter of Spand v Franco, 242 AD2d 210). We have considered petitioner’s other contentions and find them to be without merit. Concur—Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.

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—Determination of respondent New York City Housing Authority dated September 2, 1992, which terminated petitioner’s public housing tenancy upon a finding of nondesirability, 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 [Carmen Ciparick, JJ, entered July 14, 1993), dismissed, without costs.

The charges of nondesirability based on the sale and possession of illegal drugs in or from the subject apartment by petitioner and several members of her household over a period of several years were supported by substantial evidence, [87]*87consisting of the testimony of police officers who arrested petitioner in the apartment and other police officers who participated in the execution of search warrants at the apartment. In light of the evidence adduced at the hearing of the long-term use of petitioner’s apartment as a base for drug dealing, and the absence of a credible defense to the charges, the penalty of termination was amply warranted (compare, Matter of Spand v Franco, 242 AD2d 210). We have considered petitioner’s other contentions and find them to be without merit. Concur—Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.

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Bluebook (online)

245 A.D.2d 86, 666 N.Y.S.2d 120, 1997 N.Y. App. Div. LEXIS 12759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-new-york-city-housing-authority-nyappdiv-1997.

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