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In the Matter of Gladys Cubilete, Petitioner, v. Ricardo Elias Morales et al., Respondents

New York Supreme Court, Appellate Division2012-02-09
92 A.D.3d 470937 N.Y.S.2d 851

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Opinion

majority opinion

The hearing officer’s findings of willful misrepresentation, nonverifiable income and breach of rules and regulations are supported by substantial evidence. Moreover, given petitioner’s misconduct over a four-year period, the penalty of termination does not shock one’s sense of fairness, notwithstanding the hardship to petitioner (see Matter of Bland v New York City Hous. Auth., 72 AD3d 528, 528 [2010]; Matter of Smith v New York City Hous. Auth., 40 AD3d 235 [2007], lv denied 9 NY3d 816 [2007]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur — Tom, J.E, Mazzarelli, Renwick, Freedman and Manzanet-Daniels, JJ.