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MATTER OF HIGGS (JACKSON) v. HERNANDEZ

36 A.D.3d 558 (2007)

828 N.Y.S.2d 388

In the Matter of MECHELE HIGGS (JACKSON), Petitioner, 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.

Decided January 30, 2007.

We reject petitioner's argument that the Hearing Officer employed a substantial evidence standard of proof rather than the preponderance of the evidence standard concededly applicable at the administrative hearing. The Hearing Officer's decision concludes that "[t]here exists in this record substantial credible evidence [that petitioner and her husband resided together in a subsidized apartment]. His presence was willfully not disclosed...

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