MATTER OF FIGUEROA v. NEW YORK CITY HOUS. AUTH.

895, 101525/13.

141 A.D.3d 468 (2016)

35 N.Y.S.3d 338

In the Matter of ARIELLE FIGUEROA, Respondent, et al., Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided July 21, 2016.


The CPLR article 78 court and this Court may review NYCHA's actions in this case to determine whether the agency failed to perform a legal duty, or whether its determination was made "in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion" (CPLR 7803 [1], [3]). An agency action is arbitrary and capricious "when it is taken without sound basis in reason or regard...

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