Opinion
2012-02-9
In re Gladys CUBILETE, Petitioner, v. Ricardo Elias MORALES, etc., et al., Respondents.
Dewey & LeBoef, New York (Ryan D. Fahey of counsel), for petitioner. Sonya M. Kaloyanides, New York (Seth E. Kramer of counsel), for respondents.
Dewey & LeBoef, New York (Ryan D. Fahey of counsel), for petitioner. Sonya M. Kaloyanides, New York (Seth E. Kramer of counsel), for respondents.
Determination of respondent New York City Housing Authority, dated September 16, 2008, which, after a hearing, terminated petitioner's tenancy upon findings of nondesirability, misrepresentation, non-verifiable income and breach of rules and regulations, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Joan B. Lobis, J.], entered November 9, 2009), dismissed, without costs.
The Hearing Officer's findings of willful misrepresentation, non-verifiable income and breach of rules and regulations are supported by substantial evidence. Moreover, given petitioner's misconduct over a four-year period, the penalty of termination does not shock one's sense of fairness, notwithstanding the hardship to petitioner ( see Bland v. New York City Housing Authority, 72 A.D.3d 528, 901 N.Y.S.2d 158 [2010]; Matter of Smith v. New York City Hous. Auth., 40 A.D.3d 235, 835 N.Y.S.2d 131 [2007], lv. denied 9 N.Y.3d 816, 849 N.Y.S.2d 32, 879 N.E.2d 172 [2007] ).
We have considered petitioner's remaining contentions and find them unavailing.