Matter of Matter of Collazo v New York City Hous. Auth.
Decided on March 13, 2012
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.
Saxe, J.P., Sweeny, Freedman, Manzanet-Daniels, JJ.
Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered December 30, 2010, inter alia, denying the petition to annul respondent's determination, dated June 17, 2009, which denied petitioner succession rights as a remaining family member to his deceased mother's apartment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondent's determination that petitioner does not qualify as a remaining family member because he never obtained respondent's written permission to return to residence in his mother's apartment is based upon a fair interpretation of respondent's rules and regulations and is not arbitrary and capricious (see e.g. Matter of Johnson v New York City Hous. Auth., 50 AD3d 438 ).
We have considered petitioner's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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