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MATTER OF HOLIDAY v. FRANCO

268 A.D.2d 138 (2000)

709 N.Y.S.2d 523

In the Matter of RUTH HOLIDAY, Petitioner, v. RUBEN FRANCO, as Chair of the New York City Housing Authority, et al., Respondents.

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

June 6, 2000.

Attorney(s) appearing for the Case

Edward N. Simon and Lynn M. Kelly of counsel (MFY Legal Services, Inc., attorneys), for petitioner.

Steven J. Rappaport of counsel (Sun Young Chun on the brief; Jeffrey Schanback, General Counsel, New York City Housing Authority, attorneys), for respondents.

WILLIAMS, J. P., LERNER, SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

RUBIN, J.

Petitioner was found ineligible for continuing residence in public housing on the ground that she violated a stipulation in which she agreed to permanently exclude her son, Stanley, from her apartment. Respondents determined that Stanley's presence in the apartment, on a single occasion and without petitioner's knowledge, during a period that petitioner's tenancy was subject to probation, warrants her expulsion from the premises...

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