IN RE: Judith Thomas

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Judith Thomas, petitioner, v. Eileen O'Rourke, etc., et al., respondents.

2010–11244 (Index No. 21905/10)

Decided: November 29, 2011

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO ANITA R. FLORIO THOMAS A. DICKERSON, JJ. Mihaela Petrescu, White Plains, N.Y., for petitioner. Kathleen E. Gill, New Rochelle, N.Y. (Kenneth E. Powell of counsel), for respondents.

Argued—November 10, 2011


Proceeding pursuant to CPLR article 78 to review a determination of the Section 8 Administrator for the City of New Rochelle dated May 8, 2010, which, after a hearing, confirmed the termination of the petitioner's participation in the Section 8 Housing Choice Voucher Program.

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The record contains substantial evidence to support the respondents' determination terminating the petitioner's participation in the Section 8 Housing Choice Voucher Program (see 24 CFR 982.552[b][2] [2010];  Matter of Friend v. Mulligan, 16 AD3d 685, 686;  Matter of Douglas v. Lannert, 272 A.D.2d 327, 327).   In addition, the notice of termination adequately apprised the petitioner of the violations upon which the termination of her benefits from the program was based (see Matter of Block v. Ambach, 73 N.Y.2d 323, 333;  Matter of Friend v. Mulligan, 16 AD3d at 686).

The petitioner's remaining contentions are without merit.



Matthew G. Kiernan

Clerk of the Court

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