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IN THE MATTER OF PELAEZ v. NEW YORK CITY HOUSING AUTHORITY

56 A.D.3d 325 (2008)

867 N.Y.S.2d 413

In the Matter of MAYA PELAEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

November 18, 2008.

The determination that petitioner was not a remaining family member and therefore not entitled to succession rights to the subject apartment is neither arbitrary nor capricious (see Jamison v New York City Hous. Auth.-Lincoln Houses, 25 A.D.3d 501 [2006]). Petitioner had not resided in the apartment with her mother for one year prior to her death and had not applied for permission to rejoin the household (see Matter of Torres...

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