Kerney v. Hernandez

— Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered on or about August 19, 2008, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, which sought to annul the determination of respondent New York City Housing Authority, dated November 28, 2007, to terminate petitioner’s tenancy on the grounds of, inter alia, nondesirability, unanimously affirmed, without costs.

As the subject petition only sought review of the penalty imposed, and did not raise issues of substantial evidence, Supreme Court properly addressed the issues, rather than…