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MATTER OF FITZGERALD v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

1 A.D.3d 285 (2003)

767 N.Y.S.2d 589

In the Matter of JOHN FITZGERALD, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

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

November 25, 2003.

Petitioner's claim that the HPD hearing officer exceeded her authority and abused her discretion in issuing the certificate of eviction, thereby refusing to allow him the opportunity to cure his default, is unpersuasive. The record reflects substantial evidence supporting the finding that petitioner's historic and continuous refusal to grant the management company periodic access to his apartment, as required under 28 RCNY 3-16 (f) (14), and his persistent failure to pay...

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