Legal Opinion
McFarlane v. New York City Housing Authority
New York Supreme Court
Decided September 3, 2003PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Alice Schlesinger, J.
Before the court are two CPLR article 78 proceedings consolidated herein for disposition: McFarlane v New York City Hous. Auth. (NYCHA) (Index No. 119226/02) and Hayes v Hernandez (Index No. 400105/03). The proceedings involve the same issue in virtually identical contexts, namely, whether NYCHA’s denial of petitioner’s request for remaining family member status was arbitrary and capricious in that it was based solely on the rigid application of the policy requiring tenants to obtain written consent before adding family members to the household,…
2Cases cited18 opinions
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994
- New York City Transit Authority v. New York State Department of LaborNew York Court of Appeals · 1996
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3Cited by1 opinion
- McFarlane v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2004