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MTR OF PEREZ v. RHEA

No. 26.

20 N.Y.3d 399 (2013)

984 N.E.2d 925

960 N.Y.S.2d 727

2013 NY Slip Op 953

In the Matter of JACQUELINE PEREZ, Respondent, v. JOHN B. RHEA, as Chairman of the New York City Housing Authority, Appellant.

Court of Appeals of New York.

Decided February 14, 2013.

Attorney(s) appearing for the Case

Kelly D. MacNeal , General Counsel, New York City Housing Authority, New York City ( Seth E. Kramer and Nancy M. Harnett of counsel), for appellant.

Marc Sackin , Royal Oak, Michigan, for respondent.

Weil, Gotshal & Manges LLP, New York City ( Ronit J. Berkovich and David J. Schwartz of counsel), for Housing Court Answers, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur; Judge RIVERA taking no part.

OPINION OF THE COURT

PIGOTT, J.

The question presented by this case is whether the New York City Housing Authority's termination of petitioner's tenancy was, in light of the circumstances, so disproportionate to her misconduct as to shock the judicial conscience, thereby constituting an abuse of discretion as a matter of law (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No....

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