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MATTER OF CASTANON v. FRANCO

290 A.D.2d 293 (2002)

736 N.Y.S.2d 337

In the Matter of CARLOS CASTANON, Appellant, 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 January 15, 2002.

Inasmuch as the hearing officer's decision, finding that petitioner was entitled to succeed to the Housing Authority tenancy of his late mother, was contrary to law, respondent's determination overruling that decision was not "`arbitrary and capricious, affected by error of law or an abuse of discretion'" and, accordingly, may not be judicially disturbed (Matter of Kaphan v DeBuono, 268 A.D.2d 909, 911). Petitioner failed to meet...

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