MATTER OF PRENDERGAST v. CITY OF NEW YORK


44 A.D.3d 414 (2007)

843 N.Y.S.2d 256

In the Matter of JAMES A. PRENDERGAST, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 11, 2007.


The HRA determination was not arbitrary or capricious, nor was it irrational or an abuse of discretion. Petitioner's documentary evidence did not show that he resided in Queens, but merely that he received much of his mail at a post office box in that borough after learning of the investigation into his residency. His explanation for receiving mail at the post office box address was demonstrably false. Petitioner's wife, to whom he remained married despite asserting that...

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