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MATTER OF WILLIAMS v. DONOVAN

60 A.D.3d 594 (2009)

874 N.Y.S.2d 910

In the Matter of ERNESTINE WILLIAMS, Petitioner, v. SHAUN DONOVAN, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Respondents.

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

Decided March 31, 2009.

The determination that petitioner failed to report income earned by her adult son is supported by substantial evidence (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]). However, we find the penalty of terminating the subsidy of petitioner, who is 73 years of age, has resided in the apartment for 28 years and has heretofore had an unblemished tenancy, shockingly disproportionate...

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