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MATTER OF SPAND v. FRANCO

242 A.D.2d 210 (1997)

663 N.Y.S.2d 813

In the Matter of Olivia Spand, Petitioner, v. Ruben Franco, as Chairperson of The New York City Housing Authority, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

August 7, 1997

A review of the record as a whole shows that the Housing Authority's determination was supported by substantial evidence. However, it also shows the penalty imposed was so disproportionate "`in the light of all the circumstances, as to be shocking to one's sense of fairness'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233). Certainly the behavior petitioner engaged in was serious and was appropriately condemned by respondent...

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