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MATTER OF CALDWELL v. BREZENOFF

Index No. 161541/18. Appeal No. 12928. Case No. 2019-04680.

190 A.D.3d 583 (2021)

136 N.Y.S.3d 724

2021 NY Slip Op 00366

In the Matter of Myrtle Caldwell, Petitioner, v. Stanley Brezenoff, as Interim Chair of the New York City Housing Authority, et al., Respondents.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Brooklyn Defender Services, Brooklyn ( Alexandra Dougherty of counsel), for petitioner.

Lisa Bova-Hiatt , New York ( Hanh H. Le of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

Initially, we note that NYCHA cannot rely on the charge alleging breach of rules and regulations, which was not addressed in the administrative determination being challenged (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 N.Y.2d 753, 758 [1991]).

Nonetheless, the determination is supported by substantial evidence in the record, given witness testimony that petitioner was observed selling crack...

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