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MATTER OF PORTER v. NEW YORK CITY HOUSING AUTHORITY

42 A.D.3d 314 (2007)

837 N.Y.S.2d 875

In the Matter of KARL PORTER, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided July 5, 2007.

Petitioner's challenges to the credibility determinations of the trial officer are unavailing since, in an article 78 proceeding, the reviewing court may not weigh the evidence, choose between conflicting proof, or substitute its assessment of the evidence or witness credibility for that of the administrative factfinder (Matter of Edwards v Safir, 282 A.D.2d 287 [2001]).

The penalty imposed does not shock our sense of fairness...

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