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McFARLANE v. NYCHA

1 Misc.3d 744 (2003)

766 N.Y.S.2d 524

In the Matter of MARCO McFARLANE, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent. (And Another Proceeding.)

Supreme Court, New York County.

September 3, 2003.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Marie Richardson of counsel), for Marco McFarlane, petitioner.

DC 37 Municipal Employees Legal Services Plan, New York City (Joan L. Beranbaum and Regina Brown of counsel), for Vivian Hayes, petitioner. Ricardo Elias Morales, New York City (Andrew Koppel and William T. Stathis of counsel), for respondent.

OPINION OF THE COURT

ALICE SCHLESINGER, J.

Before the court are two CPLR article 78 proceedings consolidated herein for disposition: McFarlane v New York City Hous. Auth. (NYCHA) (Index No. 119226/02) and Hayes v Hernandez (Index No. 400105/03). The proceedings involve the same issue in virtually identical contexts, namely, whether NYCHA's denial of petitioner's request for remaining family member status was arbitrary and capricious in that...

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