Matter of Alice Livingston v New York City Housing Authority

Matter of Livingston v New York City Hous. Auth. 2005 NY Slip Op 08618 [23 AD3d 218] November 10, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

In the Matter of Alice Livingston, Petitioner,
v
New York City Housing Authority, Respondent.

—[*1]

Determination of respondent Housing Authority, dated June 16, 2004, terminating the subject tenancy, 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 [Lottie F. Wilkins, J.], entered November 23, 2004) dismissed, without costs.

The determination is supported by substantial evidence that petitioner breached respondent's rules and regulations by permitting dogs, possessed by her or her guests or family members, to remain unleashed on Housing Authority premises and menace and inflict injury upon other tenants. The determination is additionally supported by substantial evidence that petitioner refused to discontinue use of a faulty washing machine, which repeatedly caused damage to the apartment beneath hers. No basis exists to disturb the hearing officer's credibility determinations (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). The penalty does not shock our sense of fairness (see Matter of Wooten v Finkle, 285 AD2d 407, 408-409 [2001]). Concur—Mazzarelli, J.P., Saxe, Ellerin, Gonzalez and Catterson, JJ.