Opinion
2014-07-17
In re Emilio BIBILONI, Petitioner, v. John B. RHEA, etc., et al., Respondents.
Weil Gotshal & Manges LLP, New York (Robert Brown of counsel), for petitioner. Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for respondents.
Weil Gotshal & Manges LLP, New York (Robert Brown of counsel), for petitioner. Kelly D. MacNeal, New York (Andrew M. Lupin of counsel), for respondents.
Determination of respondent New York City Housing Authority (N.Y.CHA), dated October 10, 2012, which terminated petitioner's public housing tenancy, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County (Michael D. Stallman, J.), entered May 14, 2013), dismissed, without costs.
Respondent's determination that petitioner engaged in illegal drug activity, in violation of the lease and applicable federal regulations, is supported by substantial evidence and constitutes grounds for termination of his tenancy ( see Matter of Coleman v. Rhea, 104 A.D.3d 535, 961 N.Y.S.2d 403 [1st Dept.2013], lv. denied 21 N.Y.3d 857, 2013 WL 2476398 [2013];Matter of Chandler v. Rhea, 103 A.D.3d 427, 959 N.Y.S.2d 191 [1st Dept.2013] ). Under the circumstances, the penalty of termination does not shock one's sense of fairness ( see Matter of Hill v. New York City Hous. Auth., 111 A.D.3d 462, 974 N.Y.S.2d 429 [1st Dept.2013] ); Matter of Chandler, 103 A.D.3d at 427, 959 N.Y.S.2d 191;Matter of Rodriguez v. New York City Hous. Auth., 84 A.D.3d 630, 923 N.Y.S.2d 502 [1st Dept.2011] ), notwithstanding the hardships that might result from termination of his tenancy. GONZALEZ, P.J., TOM, SAXE, FREEDMAN, MANZANET–DANIELS, JJ., concur.