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Perez-Frangie v. Donovan

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 19, 2009

IN RE TERESA PEREZ-FRANGIE, PETITIONER,
v.
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.

100876/06

HPD's determination was supported by substantial evidence (Berenhaus v Ward, 70 NY2d 436, 443 [1987]) 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 [2001]).

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.

20090219

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