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MATTER OF PAZANA v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

8812, 106019/11.

101 A.D.3d 517 (2012)

954 N.Y.S.2d 880

2012 NY Slip Op 8661

In the Matter of ANASTASIA PAZANA, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT, Respondent, et al., Respondent.

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

December 13, 2012.

The agency's determination had a rational basis in the record (see Matter of Hochhauser v City of N.Y. Dept. of Hous. Preserv. & Dev., 48 A.D.3d 288 [1st Dept 2008]). Even assuming that petitioner established disability, she still failed to meet her burden of proving that she resided in the apartment as her primary residence for a one-year period prior to her grandmother's death in May 2008 (see 28 RCNY 3-02 [p] [3])....

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