Kimberly Oehlig testified that she moved into her grandfather's apartment in August of 1999... She acknowledged residing at most of the addresses listed in the investigation report... However, she denied that she had ever resided at a listed Forest Hills address which was linked to her in both 1998 and 2000.
Ms. Oehling could provide no documentary evidence of any kind to support her application for succession rights. Although she testified that she had been employed during the period in question she produced no income tax returns or W-2 forms. The 2001 tax return submitted was filed after her grandfather's death and thus is not relevant. She provided no telephone bills, credit card receipt, voter registration, driver's license of state ID, medical records of any other documents that might be expected, including mail received at the premises.
Ms. Oehling appeared on one income affidavit before her grandfather's death but a letter from him supports her contention that she also resided in the apartment the following year. Her mother also testified on her behalf. However, I find this is outweighed by the lack of any supporting documentation of any kind.
By Notice of Petition and Petition dated December 17, 2004, petitioner commenced this proceeding challenging DHPD's decision issuing a Certificate of Eviction.
CPLR 7803 provides for very limited judicial review of administrative actions, providing in part: "The only questions that may be raised in a proceeding under this article are: whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed..."
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