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MATTER OF STUDLEY v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

277 A.D.2d 101 (2000)

715 N.Y.S.2d 697

In the Matter of JEFFREY STUDLEY, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent.

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

Decided November 16, 2000.

The determination to issue a certificate of eviction on the ground that petitioner is not occupying the subject Mitchell-Lama apartment as his primary residence is rationally supported by evidence that petitioner owns a home in Maryland, his driver's license and car registration were issued by Maryland, his daughter attends Maryland public schools and he pays his taxes and last voted in Maryland (see, 28 RCNY 3-02 [n] [4]). Petitioner was also provided with sufficient...

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