Stokely v. Franco
Opinion of the Court
—Determination of respondent New York City Housing Authority, dated on or about March 14, 1997, that petitioner is not entitled to occupancy of the subject public housing apartment as a remaining family member, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Richard Braun, J.], entered November 18, 1997), dismissed, without costs.
Petitioner essentially conceded that he did not meet respondent Housing Authority’s criteria for remaining family member status and, accordingly, there was substantial evidence to support respondent’s determination refusing to accord him such status (see, Matter of Kolarick v Franco, 240 AD2d 204). Nor is there any merit to petitioner’s contention that his right to succeed to the subject tenancy is governed by section 8 of the United States Housing Act of 1937 (42 USC § 14371), instead of the criteria promulgated by the Housing Authority (ibid.). Also without merit is petitioner’s claim that respondent Housing
We have considered petitioner’s remaining contentions and find them to be without merit. Concur — Lerner, P. J., Sullivan, Nardelli, Rubin and Saxe, JJ.
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