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MTR. OF FIGUEROA v. HERNANDEZ

194 Misc.2d 413 (2002)

753 N.Y.S.2d 669

In the Matter of MANUEL FIGUEROA, Petitioner, v. TINO HERNANDEZ, as Chairman of the New York City Housing Authority, et al., Respondents.

Supreme Court, New York County.

December 11, 2002.

Attorney(s) appearing for the Case

Legal Aid Society (Emily Ruben and Ferdinand Ubozoh of counsel), for petitioner.

Ricardo Elias Morales (Nancy M. Harnett and Byron S. Menagakis of counsel), for respondents.

OPINION OF THE COURT

NICHOLAS FIGUEROA, J.

Petitioner seeks a judgment pursuant to CPLR article 78 declaring that respondents' failure to entertain and determine his claim that he is entitled to remaining family member status at respondents' housing facility, where he now resides, is arbitrary, capricious and contrary to law. However, this claim is now academic, "as on November 27, 2002, subsequent to the petition...

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