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MATTER OF KWAN FONG FUNG v. NEW YORK CITY HOUS. AUTH.

8178, 400559/11.

99 A.D.3d 452 (2012)

952 N.Y.S.2d 21

2012 NY Slip Op 6654

In the Matter of KWAN FONG FUNG et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

October 4, 2012.

The determination that petitioners did not qualify as remaining family members for purposes of succession rights to the subject apartment has a rational basis. The evidence shows that petitioner Kwan Fong Fung did not become an authorized occupant of her father's apartment prior to his death in 2009 (see Matter of Valentin v New York City Hous. Auth., 72 A.D.3d 486 [1st Dept 2010]).

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