Opinion
10928 Index 101071/17
01-30-2020
In re Kenneth HOCKADAY, Petitioner, v. Sholda OLATOYE, etc., et al., Respondents.
Brooklyn Legal Services, Brooklyn (Udoka Odoemene of counsel), for petitioner. Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for respondents.
Brooklyn Legal Services, Brooklyn (Udoka Odoemene of counsel), for petitioner.
Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for respondents.
Richter, J.P., Gische, Mazzarelli, Gesmer, JJ.
Determination of respondent New York City Housing Authority, dated April 5, 2017, which, after a hearing, denied petitioner's remaining family member grievance, 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 [Nancy M. Bannon, J.], entered June 25, 2018), dismissed, without costs.
The determination denying petitioner's grievance is supported by substantial evidence (see Matter of Taylor v. Olatoye, 154 A.D.3d 634, 62 N.Y.S.3d 794 [1st Dept. 2017] ). Petitioner's grandmother, the tenant of record and the only person authorized to reside in the apartment, sought to add petitioner to her household in 2011. That application was properly denied, as petitioner was then ineligible to be admitted to the tenant's household. Respondent rationally determined that the tenant did not subsequently attempt to add petitioner as a permanent resident after the period of ineligibility was completed, did not obtain permission for petitioner to join the household, and did not include petitioner on the tenant's affidavits of income (see Matter of Blas v. Olatoye, 161 A.D.3d 562, 78 N.Y.S.3d 15 [1st Dept. 2018] ).
We have considered petitioner's remaining arguments and find them unavailing.