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MATTER OF RODRIGUEZ v. HERNANDEZ

51 A.D.3d 532 (2008)

858 N.Y.S.2d 144

In the Matter of VICTORIA RODRIGUEZ, Appellant, 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 May 20, 2008.

Respondents' determination that petitioner was not a remaining family member and therefore, not entitled to succession rights to the subject apartment, is neither arbitrary nor capricious (see Jamison v New York City Hous. Auth.-Lincoln Houses, 25 A.D.3d 501, 502 [2006]). The record reveals that petitioner was denied permanent residency prior to the death of her mother-in-law, and evidence, including the deceased tenant's affidavits...

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