Legal Opinion · Concurring in part, dissenting in part

Gist v. Mulligan

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

Decided September 22, 2009Published

1Concurring in part, dissenting in part

Covello, J. (concurring in part and dissenting in part, and voting to deny the petition and dismiss the proceeding, with the following memorandum, in which Eng, J., concurs):

I agree with the majority that the determination of the Westchester County Department of Planning (hereinafter the Department) that the petitioner violated certain rules of the Section 8 Housing Choice Voucher Program (hereinafter the Program), made after a quasi-judicial hearing required by law (see 24 CFR 982.555 [a] [1] [v]; [e]), is supported by substantial evidence (see CPLR 7803 [4]; *1234Matter of Halperin v City of New…

2Cases cited16 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Berenhaus v. WardNew York Court of Appeals · 1987
  3. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  4. Featherstone v. FrancoNew York Court of Appeals · 2000
  5. Kreisler v. New York City Transit AuthorityNew York Court of Appeals · 2004

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