Legal Opinion

Cubilete v. Morales

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 2012PublishedCited by 5 opinions

1Opinion of the Court

The hearing officer’s findings of willful misrepresentation, nonverifiable 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 Matter of Bland v New York City Hous. Auth., 72 AD3d 528, 528 [2010]; 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 *471find them unavailing. Concur — Tom, J.E,…

2Cases cited2 opinions

  1. Smith v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  2. Bland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by5 opinions

  1. Matter of Donmartin v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Perrette v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2013
  3. Perrette v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2013
  4. Whitted v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
  5. Whitted v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013

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