Wright v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Wright v. New York City Housing Authority

294 A.D.2d 181, 742 N.Y.S.2d 816, 2002 N.Y. App. Div. LEXIS 4996

Appellate Division of the Supreme Court of the State of New York·Decided May 14, 2002·Published

Opinion

—Determination of respondent New York City Housing Authority, dated June 21, 2000, terminating the subject tenancy, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Ronald Zweibel, J.], entered March 12, 2001), dismissed, without costs.

The determination is supported by substantial evidence that petitioner Morinia vacated the subject apartment in late 1997 and allowed her granddaughter, petitioner Wright, to take up residence without first requesting respondent’s authorization. No basis exists to disturb respondent’s findings of credibility, including those relating to Morinia’s intent to return to the apartment (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of lease termination does not shock our sense of fairness (see, Matter of Wooten v Finkle, 285 AD2d 407, 408-409). Concur—Andrias, J.P., Rosenberger, Wallach, Rubin and Friedman, JJ.

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—Determination of respondent New York City Housing Authority, dated June 21, 2000, terminating the subject tenancy, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Ronald Zweibel, J.], entered March 12, 2001), dismissed, without costs.

The determination is supported by substantial evidence that petitioner Morinia vacated the subject apartment in late 1997 and allowed her granddaughter, petitioner Wright, to take up residence without first requesting respondent’s authorization. No basis exists to disturb respondent’s findings of credibility, including those relating to Morinia’s intent to return to the apartment (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of lease termination does not shock our sense of fairness (see, Matter of Wooten v Finkle, 285 AD2d 407, 408-409). Concur—Andrias, J.P., Rosenberger, Wallach, Rubin and Friedman, JJ.

Wright v. New York City Housing Authority, 294 A.D.2d 181, 742 N.Y.S.2d 816, 2002 N.Y. App. Div. LEXIS 4996 (N.Y. Ct. App. 2002).

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294 A.D.2d 181 (Wright v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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