Legal Opinion
Perez v. Rhea
New York Court of Appeals
Decided February 14, 2013PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The question presented by this case is whether the New York City Housing Authority’s termination of petitioner’s tenancy was, in light of the circumstances, so disproportionate to her misconduct as to shock the judicial conscience, thereby constituting an abuse of discretion as a matter of law (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233 [1974]; Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]). We hold that it was not.
Petitioner is a tenant in a…
2Cases cited3 opinions
- Featherstone v. FrancoNew York Court of Appeals · 2000
- Holiday v. FrancoAppellate Division of the Supreme Court of the State of New York · 2000
- Perez v. RheaAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by31 opinions
- Matter of Fairley v. State of New York Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Paladino v. Board of Educ. for the City of Buffalo Pub. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2020
- Bocek v. LauroAppellate Division of the Supreme Court of the State of New York · 2013
- Henry Phipps Plaza South Associates Ltd. v. QuijanoAppellate Terms of the Supreme Court of New York · 2014
- Fazal v. WambuaAppellate Division of the Supreme Court of the State of New York · 2013
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