MATTER OF SWANN v. FINKEL


295 A.D.2d 116 (2002)

742 N.Y.S.2d 824

In the Matter of JOY SWANN, Appellant, v. KALMAN FINKEL et al., Respondents.

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

Decided June 4, 2002.


We agree with the IAS court that it was not arbitrary or capricious for respondents to deny petitioner a public housing lease in her capacity as guardian of her younger sister Sumara Cora inasmuch as she had previously been found ineligible to obtain a lease in her own name because of her criminal record. However, the court did not address the hearing officer's finding that Sumara Cora, although she concededly qualified as a "remaining family member," was unable, because...

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