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

5429, 105722/10.

85 A.D.3d 637 (2011)

925 N.Y.S.2d 815

2011 NY Slip Op 5428

In the Matter of MABLE JAMES, Petitioner, 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 June 23, 2011.

Respondent's determination was not supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179-182 [1978]). The hearing officer's credibility determination is not entitled to deference in this case. The substitute hearing officer was not present at the original informal hearing. The decision was rendered based on, inter alia, an incomplete audio recording and not on the hearing...

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