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MATTER OF CADALZO v. RUSS

Docket No. 452057/19. Appeal No. 14020. Case No. 2020-03355.

195 A.D.3d 463 (2021)

144 N.Y.S.3d 861

2021 NY Slip Op 03544

In the Matter of Lorenzo Cadalzo, Petitioner, v. Gregory Russ, as Chairman of the New York City Housing Authority, et al., Respondents.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Housing Conservation Coordinators, Inc., New York ( Richard Semegram of counsel), for petitioner.

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

Concur—Renwick, J.P., Kern, Scarpulla, Mendez, JJ.

The determination that petitioner failed to establish that he was a remaining family member (RFM) as defined by NYCHA rules is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181-182 [1978]) showing that the deceased tenant of record neither requested nor received permanent permission from NYCHA for petitioner to be added as a member of the household (see Matter of Aponte...

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