Sanders v. Franco
Cases that cite this one
4 later published cases cite this decision.
- Smith v. Tuckahoe Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Tuckahoe Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Davis v. New York City Department of Housing Preservation & Development (Appellate Division of the Supreme Court of New York 2009)
- Holiday v. Franco (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Determination of respondent New York City Housing Authority, dated December 17, 1997, which terminated petitioner’s public housing tenancy on the ground that she violated a stipulation of settlement in a prior nondesirability proceeding that conditioned her eligibility on the continued absence of an emancipated son from the subject apartment, unanimously modified, on the law and the facts, to
Respondent’s finding that petitioner violated the stipulation is supported by substantial evidence, and we decline to pass upon the validity of provisions contained in that agreement. However, we vacate the penalty of termination as unduly harsh and shockingly disproportionate, and remand for the imposition of a lesser penalty, in view of the facts that the petitioner is over 70 years old, currently lives alone and is supported by Social Security. Further, other than the infractions committed by her emancipated son, petitioner has had an unblemished 40-year tenancy at the subject apartment (Matter of Stroman v Franco, 253 AD2d 398, lv denied 93 NY2d 817). Concur— Rosenberger, J. P., Williams, Tom, Mazzarelli and Buckley, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.