Chase v. Binghamton Housing Authority

Yesawich, Jr., J., concurs in part and dissents in part in the following memorandum. Yesawich, Jr., J. (concurring in part and dissenting in part).

While I agree that the board’s determination is unsupported by substantial evidence, I am unable to subscribe to the majority’s declaration that due process was denied. The incident giving rise to this proceeding was a fire caused by petitioner’s six-year-old son, just two days before the notice of eviction was served. Since petitioner had no previous difficulties with the Binghamton Housing Authority, surely she was aware then that the boy’s…