NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 19, 2009
IN RE TERESA PEREZ-FRANGIE, PETITIONER,
SHAUN DONOVAN, AS COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, RESPONDENT. GLENN GARDENS ASSOCIATES, L.P., NON-PARTY LANDLORD.
Determination of respondent New York City Department of Housing Preservation and Development (HPD), dated September 19, 2007, terminating petitioner's Section 8 housing subsidy, unanimously confirmed, the petition denied, and the proceeding brought pursuant to article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael D. Stallman, J.], entered May 13, 2008), dismissed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Friedman, Gonzalez, Catterson, Renwick, JJ.
HPD's determination was supported by substantial evidence (Berenhaus v Ward, 70 NY2d 436, 443 ) establishing that petitioner violated HPD's policy requiring truthful and complete reporting of her income.
The penalty assessed - termination of her subsidy - was not shocking to one's sense of fairness (see Kelly v Safir, 96 NY2d 32, 39 ).
We have considered petitioner's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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