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In the Matter of Jacqueline Perez, Respondent,v.John B. Rhea,, Appellant.

Brief

27 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,551 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. Smith v. N.Y. Cty. Hous. Auth

    40 A.D.3d 235 (N.Y. App. Div. 2007)   Cited 24 times

    No. 937. May 1, 2007. Judgment, Supreme Court, New York County (Rolando T. Acosta, J.), entered March 17, 2006, dismissing this proceeding seeking to annul respondent's determination terminating petitioner's tenancy, unanimously affirmed, without costs. Harlem Legal Services, Inc., New York (Lenina C. Trinidad of counsel), for appellant. Ricardo Elias Morales, New York (Andrew Koppel of counsel), for respondent. Before: Marlow, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ. The determination that

  3. Gray v. Donovan

    58 A.D.3d 488 (N.Y. App. Div. 2009)   Cited 16 times
    In Matter of Gray v Donovan (58 AD3d 488), we found termination of the petitioner's housing subsidy to be "shockingly disproportionate to the offense," notwithstanding her failure to report income earned by two adult children, where the petitioner had lived in the building for more than 30 years, had no record of any prior offenses, and the record indicated that termination of the subsidy would likely lead to homelessness for the petitioner and her 13-year-old son.

  4. Vazquez v. New York City Housing

    57 A.D.3d 360 (N.Y. App. Div. 2008)   Cited 15 times

    December 18, 2008. Determination of respondent Housing Authority, dated June 21, 2006, which, terminated petitioner's public housing tenancy on the ground of nondesirability, unanimously modified, on the law, the penalty of termination vacated, the matter remanded to respondent for imposition of a lesser penalty, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Shirley Werner Kornreich, J.], entered June 5, 2007), otherwise

  5. In re Regina Wise

    85 A.D.3d 571 (N.Y. App. Div. 2011)   Cited 10 times

    No. 4311. June 21, 2011. Determination of respondent, dated January 7, 2009, which terminated petitioner's tenancy based upon findings that she misrepresented that she was unemployed and failed to report employment income on her affidavits of income, unanimously modified, on the law, to vacate the penalty of termination and remand the matter to respondent for the imposition of a lesser penalty, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court

  6. In re Bland

    72 A.D.3d 528 (N.Y. App. Div. 2010)   Cited 11 times

    No. 2559. April 20, 2010. Order and judgment (one paper), Supreme Court, New York County (Paul G. Feinman, J.), entered October 23, 2008, granting the petition in this CPLR article 78 proceeding to the extent of remanding the determination of respondent New York City Housing Authority (NYCHA), dated February 21, 2007, which, after a hearing, terminated petitioner's public housing tenancy upon a finding, inter alia, of misrepresentation, for a de novo hearing before a different hearing officer on

  7. Williams v. Donovan

    60 A.D.3d 594 (N.Y. App. Div. 2009)   Cited 11 times
    In Matter of Williams v Donovan (60 AD3d 594), we vacated the penalty of termination of a housing subsidy and remitted for imposition of a lesser penalty, in spite of the fact that the tenant had failed to report income earned by an adult son, where the petitioner had resided in the apartment for 28 years and had an unblemished tenancy.

  8. Matter of Brown v. Popolizio

    166 A.D.2d 44 (N.Y. App. Div. 1991)   Cited 30 times

    May 7, 1991 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department. Appeal from the Supreme Court, New York County, Eve M. Preminger, J. Jillian S. Blanchard of counsel (Wayne G. Hawley, attorney), for Rachel Brown and another, petitioners. Alfred E. Braun for Rose Dickerson, petitioner. Harry Steinberg of counsel (Manuel H. Quintana, attorney), for municipal respondents. ROSENBERGER, J. The petitioners herein were served with notice of intent to terminate their

  9. In re Peoples v. N.Y. City Housing Auth

    281 A.D.2d 259 (N.Y. App. Div. 2001)   Cited 18 times
    In Peoples, the tenant's “considerable frustration” with a NYCHA representative's refusal to acknowledge the condition of her apartment was a factor in this Court's decision to vacate her termination (281 A.D.2d at 260, 723 N.Y.S.2d 6).

  10. Matter of Spand v. Franco

    242 A.D.2d 210 (N.Y. App. Div. 1997)   Cited 18 times
    In Matter of Spand v. Franco, 242 A.D.2d 210, 663 N.Y.S.2d 813 [1st Dept.1997],lv. denied92 N.Y.2d 802, 677 N.Y.S.2d 72, 699 N.E.2d 432 (1998), this Court remanded to NYCHA for imposition of a lesser penalty where the tenant engaged in conduct that was “serious” and “appropriately condemned,” but eviction was disproportionate because the incident was isolated, the tenant was the mother of three small children and there was no evidence of other problems which posed a risk to other people or property.