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MATTER OF PEREZ-FRANGIE v. DONOVAN

59 A.D.3d 269 (2009)

872 N.Y.S.2d 666

In the Matter of TERESA PEREZ-FRANGIE, Petitioner, v. SHAUN DONOVAN, as Commissioner of the New York City Department of Housing Preservation and Development, Respondent. GLENN GARDENS ASSOCIATES, L.P., Nonparty Landlord.

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

Decided February 19, 2009.

HPD's determination was supported by substantial evidence (Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443 [1987]) establishing that petitioner violated HPD's policy requiring truthful and complete reporting of her income.

The penalty assessed—termination of her subsidy—was not shocking to one's sense of fairness (see Matter of Kelly v Safir, 96 N.Y.2d 32, 39 [2001]...

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