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Nunez v. Olatoye

Supreme Court, Appellate Division, First Department, New York.
Nov 14, 2019
177 A.D.3d 482 (N.Y. App. Div. 2019)

Opinion

10348 Index 101332/17

11-14-2019

In re Deyanira NUNEZ, Petitioner, v. Shola OLATOYE, etc., et al., Respondents.

Mobilization For Justice, Inc., Bronx (Emilio Paesano of counsel), for petitioner. Kelly D. MacNeal, New York City Housing Authority, New York (Andrew M. Lupin of counsel), for respondents.


Mobilization For Justice, Inc., Bronx (Emilio Paesano of counsel), for petitioner.

Kelly D. MacNeal, New York City Housing Authority, New York (Andrew M. Lupin of counsel), for respondents.

Gische, J.P., Webber, Kern, Moulton, JJ.

Determination of respondents, dated May 26, 2017, which, after a hearing, terminated petitioner's public housing tenancy, 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 [Carmen Victoria St. George, J.], entered February 23, 2018) dismissed, without costs.

Substantial evidence supports respondents' findings that petitioner's ex-boyfriend was an unauthorized occupant of her apartment, that petitioner likely knew of his drug-related criminal activities, and that she installed a hidden camera for use in determining whether police were conducting surveillance (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179–180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ).

The penalty is not so disproportionate to the offense as to shock one's sense of fairness (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ; 24 CFR 966.4 [1][5][i][B], [vii][B] ).

We decline to reach petitioner's due process arguments, because the charges at issue were not sustained.


Summaries of

Nunez v. Olatoye

Supreme Court, Appellate Division, First Department, New York.
Nov 14, 2019
177 A.D.3d 482 (N.Y. App. Div. 2019)
Case details for

Nunez v. Olatoye

Case Details

Full title:In re Deyanira Nunez, Petitioner, v. Shola Olatoye, etc., et al.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 14, 2019

Citations

177 A.D.3d 482 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8279
110 N.Y.S.3d 538