Matter of Cubilete v Morales

Matter of Matter of Cubilete v Morales 2012 NY Slip Op 00897 Decided on February 9, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 9, 2012
Tom, J.P., Mazzarelli, Renwick, Freedman, Manzanet-Daniels, JJ.
4133 101331/09

[*1]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.

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 at 528; Matter of Smith v New York City Hous. Auth., 40 AD3d 235 [2007], lv denied 9 NY3d 816 [2007]).

We have considered petitioner's remaining contentions and find them unavailing.

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

ENTERED: FEBRUARY 9, 2012

CLERK