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CHAVEZ v. HERNANDEZ

22 A.D.3d 408 (2005)

802 N.Y.S.2d 656

MARIA CHAVEZ, Appellant, v. TINO HERNANDEZ, 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.

October 25, 2005.

The challenged determination, denying petitioner's application on the ground that written permission had not been obtained for her occupancy, is neither arbitrary nor capricious (see Matter of McFarlane v. New York City Hous. Auth., 9 A.D.3d 289 [2004]), and was supported by substantial evidence. The hearing officer properly determined, based on his finding of credibility, that there is no basis to relieve petitioner of the written...

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