Matter of Flores-Tully v City of New York Department of Housing Preservation and Development

Petitioner brought about this Article 78 appeal to review a determination of the City of New York Department of Housing Preservation and Development denying petitioner’s application for succession rights to an apartment owned by Dayton Tower’s Corporation. The Supreme Court denied the petition and dismissed the proceeding which resulted in this appeal.

Petitioner claims that the decision was arbitrary and capricious and lacked a rational basis. The Court disagrees because petitioner was never named on the income affidavits filed for the apartment prior to the tenant of record’s death. Though the tenant was petitioner’s husband, Dayton was never notified of her occupancy. Additionally, she filed income affidavits that showed she occupied another apartment unit in the same building.

Accordingly, the Supreme Court affirmed the determination, with one bill of costs.

Read more about this Article 78 housing case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.