For a Judgement, etc., v. NEW YORK CITY HOUSING AUTHORITY (2001)

Determination of respondent New York City Housing Authority, dated July 13, 1998, which denied petitioner's grievance of respondent's decision that petitioner does not qualify as a remaining family member entitled to succeed to the subject public housing apartment previously leased to her half-sister, 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 [Barbara Kapnick, J.], entered April 13, 1999), dismissed, without costs.

Upon review of the record, we find that there was substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183) to support respondent's determination that petitioner was not entitled to succeed to her sister's lease as a remaining family member.   Petitioner never obtained written approval from the project management to become a permanent member of the then authorized tenant family (see, New York City Hous. Auth. Mgt. Manual, ch. VII[E][1][a] and [d]);  (Matter of Powell v. Franco, 276 A.D.2d 430, 714 N.Y.S.2d 77, 78;  Matter of Davis v. Franco, 270 A.D.2d 55, 56, 704 N.Y.S.2d 56).   We have considered petitioner's remaining arguments and find them unavailing.