Matter of Lieder v New York City Hous. Auth.

Matter of Lieder v New York City Hous. Auth. 2015 NY Slip Op 05613 Decided on June 30, 2015 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 June 30, 2015
Tom, J.P., Acosta, Andrias, Moskowitz, Clark, JJ.
15570 101585/13

[*1] In re Aharon Lieder, Petitioner,

v

New York City Housing Authority, Respondent.

Tenenbaum Berger & Shivers, LLP, Brooklyn (David M. Berger of counsel), for petitioner.

David I. Farber, New York City Housing Authority, New York (Hanh H. Le of counsel), for respondent.

Determination of respondent New York City Housing Authority, dated July 31, 2013, which, after a hearing, denied petitioner's grievance seeking succession rights as a remaining family member to the tenancy of his late grandmother, 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 [Shlomo Hagler, J.], entered June 10, 2014), dismissed, without costs.

Substantial evidence supports respondent's finding that petitioner did not qualify for remaining family member status because he did not obtain respondent's written consent to his occupancy (see Matter of King v New York City Hous. Auth., 118 AD3d 636, 636 [1st Dept 2014]). Petitioner did not show that respondent acquiesced to his occupancy and, in any event, petitioner may not invoke estoppel against respondent (id. at 637).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 30, 2015

CLERK