Matter of Cubilete v Morales
2012 NY Slip Op 00897 [92 AD3d 470]
February 9, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


In the Matter of Gladys Cubilete, Petitioner,
v
Ricardo Elias Morales et al., Respondents.

[*1] Dewey & LeBoef, New York (Ryan D. Fahey of counsel), for petitioner.

Sonya M. Kaloyanides, New York (Seth E. Kramer of counsel), for respondents.

Determination of respondent New York City Housing Authority, dated September 16, 2008, which, after a hearing, terminated petitioner's tenancy upon findings of nondesirability, misrepresentation, nonverifiable income and breach of rules and regulations, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Joan B. Lobis, J.], entered November 9, 2009), dismissed, without costs.

The hearing officer's findings of willful misrepresentation, nonverifiable income and breach of rules and regulations are supported by substantial evidence. Moreover, given petitioner's misconduct over a four-year period, the penalty of termination does not shock one's sense of fairness, notwithstanding the hardship to petitioner (see Matter of Bland v New York City Hous. Auth., 72 AD3d 528, 528 [2010]; Matter of Smith v New York City Hous. Auth., 40 AD3d 235 [2007], lv denied 9 NY3d 816 [2007]).

We have considered petitioner's remaining contentions and find them unavailing. Concur—Tom, J.P., Mazzarelli, Renwick, Freedman and Manzanet-Daniels, JJ.