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MATTER OF QUINTO v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

3676, 112266/09.

78 A.D.3d 559 (2010)

913 N.Y.S.2d 23

In the Matter of ANGELO QUINTO et al., Appellants, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

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

Decided November 23, 2010.

The determination that petitioners did not sustain their burden of establishing an entitlement to succession rights to petitioner Angelo Quinto's parents' apartment had a rational basis. Petitioners' submissions were insufficient to rebut the presumption created by the failure to include either petitioner in the income affidavit for 2001 (see e.g. Matter of Miney v Donovan, 68 A.D.3d 876, 877 [2009]), and HPD was entitled to...

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