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MATTER OF TUCKER v. NEW YORK CITY HOUSING AUTHORITY, ALBANY HOUSES

64 A.D.3d 468 (2009)

883 N.Y.S.2d 213

In the Matter of DELORES TUCKER, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, ALBANY HOUSES, Respondent.

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

Decided July 14, 2009.

Respondent's finding that petitioner violated its rules by failing to report household income is supported by substantial evidence and has a rational basis in the record (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]). However, while petitioner's documented and unchallenged mental disability did not excuse her actions, it has great bearing on the appropriateness of the penalty. Petitioner established that she suffers...

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