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MATTER OF PLEKHANOV v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

Index No. 100164/19. Appeal No. 15523. Case No. 2019-05079.

203 A.D.3d 521 (2022)

161 N.Y.S.3d 778

2022 NY Slip Op 01750

In the Matter of Marguerite F. Plekhanov, Appellant, v. New York City Department of Housing Preservation and Development, Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Marguerite F. Plekhanov, appellant pro se.

Georgia M. Pestana , Corporation Counsel, New York ( Kate Fletcher , of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

The finding that petitioner was ineligible for a low-income housing unit was not arbitrary and capricious and did not violate lawful procedure (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]). In reviewing the developer's calculations, annualizing petitioner's wage-based income, and utilizing the average historical...

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