IN THE MATTER OF GRAY v. DONOVAN


58 A.D.3d 488 (2009)

870 N.Y.S.2d 347

In the Matter of NOMA GRAY, Appellant, v. SHAUN DONOVAN, as Commissioner of the Department of Housing Preservation and Development of the City of New York, Respondent.

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

January 15, 2009.


The determination that petitioner failed to report income earned by her two adult children is supported by substantial evidence, and has a rational basis in the record (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]).

However, we find that the penalty of termination of petitioner's housing subsidy to be shockingly disproportionate to the offense (see e.g. Matter of Peoples v New York City Hous. Auth., ...

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