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MATTER OF EVANS v. FRANCO

93 N.Y.2d 823 (1999)

710 N.E.2d 261

687 N.Y.S.2d 615

IN THE MATTER OF LOUIS EVANS, Respondent, v. RUBEN FRANCO, as Chairman of the New York City Housing Authority, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1999.

Attorney(s) appearing for the Case

Sonya M. Kaloyanides, New York City, Jeffrey Schanback and Joan Pannell for appellant.

Edward Josephson, Brooklyn, and John C. Gray, Jr., for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, without costs, and the petition dismissed.

The issue here is whether petitioner is entitled to succeed to a housing subsidy as a surviving family member pursuant to Section 8 of the United States Housing Act of 1937. The Section 8 program was established by the Federal Government and provides...

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