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In re Sylvia Batten-Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 2011
81 A.D.3d 641 (N.Y. App. Div. 2011)

Opinion

No. 2010-01692.

February 1, 2011.

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority dated May 27, 2009, which adopted the recommendation of a hearing officer dated May 14, 2009, made after a hearing, finding that the petitioner was ineligible to continue her occupancy of an apartment in a public housing development on the ground, inter alia, of nondesirability, and terminated her tenancy.

Sylvia Batten-Smith, Brooklyn, N.Y., petitioner pro se.

Sonya M. Kaloyanides, New York, N.Y. (Nancy M. Harnett and Byron S. Menegakis of counsel), for respondent.

Before: Angiolillo, J.P., Hall, Roman and Cohen, JJ.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The record supports the finding that someone in the petitioner's apartment possessed a gun and pointed it at another tenant in a threatening manner. Accordingly, the determination of the New York City Housing Authority is supported by substantial evidence and, therefore, will not be disturbed ( see Matter of Diaz v Hernandez, 66 AD3d 525).


Summaries of

In re Sylvia Batten-Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 2011
81 A.D.3d 641 (N.Y. App. Div. 2011)
Case details for

In re Sylvia Batten-Smith

Case Details

Full title:In the Matter of SYLVIA BATTEN-SMITH, Petitioner, v. NE W YORK CITY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 2011

Citations

81 A.D.3d 641 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 680
916 N.Y.S.2d 795