MATTER OF VEGA v. FRANCO


277 A.D.2d 131 (2000)

717 N.Y.S.2d 61

In the Matter of CARMEN VEGA, 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.

Decided November 28, 2000.


Contrary to the conclusion reached by respondent, there was insufficient evidence to conclude that petitioner violated the terms of a stipulation permanently excluding her son from the premises. Although petitioner's son appeared at her apartment door on one occasion, there is no evidence that he actually entered it. Moreover, there is no evidence that he did so at petitioner's invitation, request or with her acquiescence. Accordingly, it cannot be said that petitioner intentionally...

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