Opinion
May 2, 1996
Appeal from the Supreme Court, New York County (Walter B. Tolub, J.).
Inasmuch as Blackie has lived with petitioner and his daughter at the LaGuardia Houses with the knowledge of the landlord and without incident since 1985, and no evidence was presented of prior acts to support a finding of "vicious propensities", the Hearing Officer's finding and respondent's determination to that effect were not based upon substantial evidence and must be annulled.
Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.