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In re Application of Glover v. Finkel

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 14 (N.Y. App. Div. 2000)

Opinion

December 5, 2000.

Determination of respondent New York City Housing Authority dated April 29, 1999, terminating petitioner's public housing tenancy for nondesirability, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Herman Cahn, J.], entered January 14, 2000), dismissed, without costs.

Howard Baum, for petitioner.

Byron S. Menegakis, for respondents.

Before: Mazzarelli, J.P., Lerner, Rubin, Buckley, Friedman, JJ.


Substantial evidence supports respondent's determination that petitioner permitted her boyfriend, who assaulted another resident of the housing development, to take up residence in her apartment without prior consent of the project manager, in violation of respondent's rules and regulations. In view of the violent nature of the assault, which resulted in a plea of guilty to assault, and petitioner's participation, if not instigation, in the altercation, the penalty of termination of tenancy does not shock our sense of fairness.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Glover v. Finkel

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 14 (N.Y. App. Div. 2000)
Case details for

In re Application of Glover v. Finkel

Case Details

Full title:IN RE APPLICATION OF JENNIFER GLOVER, PETITIONER, FOR A JUDGMENT, ETC., v…

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

Date published: Dec 5, 2000

Citations

278 A.D.2d 14 (N.Y. App. Div. 2000)
717 N.Y.S.2d 143