Matter, Lipschitz v. New York City Hsg. Auth

Full title: IN THE MATTER OF ESTHER LIPSCHITZ, Appellant, v. NEW YORK CITY HOUSING…

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

Date published: Jan 19, 1999

257 A.D.2d 622 (N.Y. App. Div. 1999)

682 N.Y.S.2d 902

Opinion

January 19, 1999.

Appeal from the Supreme Court, Kings County (Dowd, J.).

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contentions, the Supreme Court properly denied the petition challenging the determination of the New York City Housing Authority that she and her two sons were not entitled to remaining family members status of the tenancy of her late father's apartment. The determination of the Housing Authority was neither arbitrary nor capricious ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

Santucci, J.P., Altman, Friedmann and McGinity, JJ., concur.