From Casetext: Smarter Legal Research

Johnson v. State

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1995
213 A.D.2d 345 (N.Y. App. Div. 1995)

Opinion

March 30, 1995

Appeal from the Supreme Court, New York County (Bruce McM. Wright, J.).


Petitioner failed to provide sufficient documentation that he has fulfilled the two-year residency requirement pursuant to 9 NYCRR 1727-8.3 (a) and 1727-8.2 (a) (5). Notably, petitioner was not listed on the income affidavit, which had he been listed would have warranted either an eviction of the former tenant or at least a substantial rent surcharge, which undermines his residency claim (Matter of Ferriolo v. Department of Hous. Preservation Dev., 176 A.D.2d 159). It is of no avail to petitioner that he denies any personal knowledge of such omission.

Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Mazzarelli, JJ.


Summaries of

Johnson v. State

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1995
213 A.D.2d 345 (N.Y. App. Div. 1995)
Case details for

Johnson v. State

Case Details

Full title:In the Matter of OZZIE JOHNSON, Appellant, v. STATE OF NEW YORK DIVISION…

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

Date published: Mar 30, 1995

Citations

213 A.D.2d 345 (N.Y. App. Div. 1995)
624 N.Y.S.2d 417

Citing Cases

Mitchner v. N.Y.C. Hous. Auth.

the affidavits of income (see Matter of Adler v New York City Hous. Auth., 95 AD3d 694, 695 [1st Dept 2012],…

Mitchner v. N.Y.C. Hous. Auth.

ncy of her late grandmother, unanimously confirmed, the petition denied, and the proceeding brought pursuant…