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MATTER OF SHERMAN v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

2222, 101407/14.

144 A.D.3d 533 (2016)

2016 NY Slip Op 07753

40 N.Y.S.3d 770

In the Matter of RICHARD SHERMAN, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided November 17, 2016.

The determination that the subject apartment was not petitioner's primary residence for at least two years prior to the death of his mother in November 2010 has a rational basis (see e.g. Matter of Martino v Southbridge Towers, Inc., 68 A.D.3d 412 [1st Dept 2009]). The record shows petitioner was not named on the income affidavits during the relevant time period and, other than an affidavit from a friend of petitioner's mother, who...

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