| Matter of Perez-Frangie v Donovan |
| 2009 NY Slip Op 01291 [59 AD3d 269] |
| February 19, 2009 |
| Appellate Division, First Department |
| In the Matter of Teresa Perez-Frangie, Petitioner, v ShaunDonovan, as Commissioner of the New York City Department of Housing Preservation andDevelopment, Respondent. Glenn Gardens Associates, L.P., NonpartyLandlord. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), forrespondent. Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park (Olga Someras of counsel), fornonparty landlord.
Determination of respondent New York City Department of Housing Preservation andDevelopment (HPD), dated September 19, 2007, terminating petitioner's Section 8 housingsubsidy, unanimously confirmed, the petition denied, and the proceeding brought pursuant toarticle 78 (transferred to this Court by order of the Supreme Court, New York County [MichaelD. Stallman, J.], entered May 13, 2008), dismissed, without costs.
HPD's determination was supported by substantial evidence (Matter of Berenhaus vWard, 70 NY2d 436, 443 [1987]) establishing that petitioner violated HPD's policyrequiring truthful and complete reporting of her income.
The penalty assessed—termination of her subsidy—was not shocking to one'ssense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 39 [2001]).
We have considered petitioner's other arguments and find them unavailing.Concur—Mazzarelli, J.P., Friedman, Gonzalez, Catterson and Renwick, JJ.