Appellate Division of the Supreme Court of New York, 2012

Cubilete v. Morales

Cubilete v. Morales
Appellate Division of the Supreme Court of New York · Decided February 9, 2012
92 A.D.3d 470; 937 N.Y.2d 851
Cubilete v. Morales

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

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 *471find them unavailing. Concur — Tom, J.E, Mazzarelli, Renwick, Freedman and Manzanet-Daniels, JJ.

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