IN THE MATTER OF GUZY v. HERNANDEZ


4 A.D.3d 117 (2004)

770 N.Y.S.2d 862

In the Matter of THEODORE GUZY, Petitioner, v. TINO HERNANDEZ, as Chair of the New York City Housing Authority, Respondent.

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

February 3, 2004.


Petitioner's inconsistent testimony and the testimony of two Housing Authority employees associated with the building support the determination that petitioner is not entitled to succeed to the rights of the former tenant, his purported stepfather, with whom he shared the apartment. There is no substantial evidence that the management had actual or constructive notice of petitioner's residency in the subject apartment, or that he ever requested permission in writing to occupy...

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