Legal Opinion

DeCastro v. Wambua

New York Supreme Court

Decided June 7, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Lucy Billings, J.

I. Background

This proceeding pursuant to CPLR article 78 seeks to annul the March 2009 determination by the New York City Department of Housing Preservation and Development (HPD) terminating petitioner’s federal rent subsidy due to her failure to recertify her eligibility. Petitioner claims HPD’s determination was arbitrary and contrary to law. (CPLR 7803 [3].)

Petitioner alleges that she suffers from major depressive disorder, recurrent and severe with psychotic features, which caused her to ignore her mail. Therefore petitioner did not learn of her…

2Cases cited22 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. MATTER OF YARBOUGH v. FrancoNew York Court of Appeals · 2000
  3. Tsombanidis v. West Haven Fire DepartmentCourt of Appeals for the Second Circuit · 2003
  4. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Prue v. HuntNew York Court of Appeals · 1991

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