McCarter v. Franco

Judgment, Supreme Court, Bronx County (Hansel McGee, J.), entered on or about February 2, 1995, which, in a proceeding pursuant to CPLR article 78 to annul respondent-appellant’s determination terminating petitioner’s public housing tenancy, granted the petition and denied the cross motion to transfer the matter to this Court, unanimously affirmed, without costs.

The IAS Court properly found that petitioner was denied due process at the administrative hearing since he was precluded from presenting evidence and witnesses to dispute respondent’s charges against him. We note the petitioner made…