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

45 A.D.3d 257 (2007)

845 N.Y.S.2d 243

In the Matter of SAMANTHA KAUFMAN et al., Petitioners, 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.

Decided November 1, 2007.

HPD's determination that the apartment is not petitioner tenant's primary residence is supported by substantial evidence, including her failure to file income statements, the testimony of Mutual's legal coordinator and investigator, albeit largely hearsay (see People ex rel. Vega v Smith, 66 N.Y.2d 130, 139 [1985]), and the failure of petitioner tenant to testify herself. The record demonstrates...

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