MTR OF APONTE v. OLATOYE

No. 5.

30 N.Y.3d 693 (2018)

70 N.Y.S.3d 904

94 N.E.3d 466

2018 NY Slip Op 01112

In the Matter of JONAS APONTE, Respondent, v. SHOLA OLATOYE, as Chairwoman of the New York City Housing Authority, et al., Appellants.

Court of Appeals of New York.

Decided February 15, 2018.


Attorney(s) appearing for the Case

David Farber , General Counsel, New York City Housing Authority, New York City ( Jane E. Lippman , Donna M. Murphy , Nancy M. Harnett and Seth E. Kramer of counsel), for appellants.

MFY Legal Services, Inc., New York City ( Leah Goodridge , Michael Grinthal and Jeanette Zelhof of counsel), for respondent.

Legal Services NYC ( Edward Josephson , Andrea Tan and Nathalia Varela of counsel), Seymour W. James, Jr. , The Legal Aid Society, New York City ( Judith Goldiner and Lucy Newman of counsel), and Jennifer Levy , General Counsel, NYC Public Advocate, New York City ( Antwaun Gavins of counsel), for Letitia James and others, amici curiae.

Susan Ann Silverstein, AARP Foundation Litigation, Washington, D.C., for AARP and another, amici curiae.

Chief Judge DiFIORE and Judges STEIN, FAHEY, GARCIA and FEINMAN concur; Judge RIVERA concurs in result in an opinion.


OPINION OF THE COURT

Jonas Aponte brought this CPLR article 78 proceeding challenging the New York City Housing Authority's (NYCHA) determination denying him "remaining family member" (RFM) status with regard to his late mother's apartment. We now reverse the Appellate Division and...

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