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MATTER OF FITZPATRICK v. 1199 HOUSING CORP.

8195. 100273/17.

168 A.D.3d 578 (2019)

92 N.Y.S.3d 287

2019 NY Slip Op 00530

In the Matter of Chiffon Fitzpatrick, Appellant, v. 1199 Housing Corp., Respondent.

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

Decided January 24, 2019.

HPD's denial of petitioner's application for succession rights to a Mitchell-Lama apartment has a rational basis and is not arbitrary and capricious (see CPLR 7803 [3]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). It is undisputed that petitioner was not listed as a co-tenant on the income affidavits for the entire two...

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