MATTER OF McLURKIN v. HERNANDEZ


44 A.D.3d 496 (2007)

843 N.Y.S.2d 305

In the Matter of SHAWN McLURKIN, Petitioner, v. TINO HERNANDEZ, as Chairman and Member of the New York City Housing Authority, et al., Respondents.

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

Decided October 18, 2007.


The finding of nondesirability is supported by substantial evidence that petitioner's son unlawfully possessed a handgun on NYCHA grounds and resisted arrest, in particular, the testimony of one officer that he saw a handgun in the son's waistband, and the uncontroverted testimony of both officers that the son struggled with them even though they were both in uniform. We have considered and rejected petitioner's challenges to the hearing officer's findings of credibility...

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