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MATTER OF VARGAS v. FRANCO

238 A.D.2d 274 (1997)

656 N.Y.S.2d 628

In the Matter of Ivette Vargas, Petitioner, v. Ruben Franco, as Chairman of The New York City Housing Authority, et al., Respondents

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

April 24, 1997

Substantial evidence, including petitioner's admissions of all the charges and her son's admission that he defaced certain buildings in the project with graffiti on ten separate occasions, supported respondent's determination of nondesirability and breach of the tenant rules and regulations. However, the penalty of termination shocks our sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222

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