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MATTER OF BALDWIN v. HERNANDEZ

1881, 400571/08

68 A.D.3d 663 (2009)

2009 NY Slip Op 9702

891 N.Y.S.2d 75

In the Matter of ANNE BALDWIN, Petitioner, v. TINO HERNANDEZ, as Chairman and Member of the New York City Housing Authority, Respondent.

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

Decided December 29, 2009.

The conditioning of petitioner's continued tenancy on exclusion of her son for nondesirability is supported by substantial evidence, and was not arbitrary and capricious (see Matter of Canales v Hernandez, 13 A.D.3d 263 [2004]). Where this petitioner's son had pleaded guilty to the assault of a female, threatened two Housing Authority employees, and left harassing messages on the home telephone of his former supervisor, the penalty...

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