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Edwards v. New York City Housing Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 5, 2009

IN RE KENDRA EDWARDS, PETITIONER,
v.
NEW YORK CITY HOUSING AUTHORITY, RESPONDENT.

Determination of respondent New York City Housing Authority dated February 21, 2007, denying petitioner's grievance seeking remaining-family-member succession rights to the public housing apartment previously leased to her deceased grandmother, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to his court by order of the Supreme Court, New York County [Richard F. Braun, J.], entered April 16, 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.

Sweeny, J.P., Buckley, Catterson, Acosta, Freedman, JJ.

108159/07

The determination is supported by substantial evidence, including the grandmother's affidavits of income, admittedly prepared by petitioner, listing the grandmother as the only occupant of the apartment, and petitioner's admission that she was aware of respondent's requirement that she obtain written permission to reside in the apartment but disregarded it (see Matter of Aponte v New York City Hous. Auth., 48 AD3d 229 [2008]). It would not avail petitioner even if respondent were aware of her occupancy (see Matter of Schorr v New York City Dept. of Hous. Preserv. & Dev., 10 NY3d 776 [2008]). 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.

20091105

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