Opinion
June 30, 1994
Appeal from the Supreme Court, New York County [Stanley L. Sklar, J.].
There was substantial evidence to support respondent's determination terminating petitioner's tenancy. Pursuant to a search warrant, Housing Authority police searched petitioner's premises and seized a substantial quantity of narcotics, as well as weapons for which no permit had been obtained. Petitioner's assertion that the contraband seized belonged to others presented an issue of credibility, and the resolution of that issue is left to the Hearing Officer, not the court (Cataquet v Hernandez-Pinero, 198 A.D.2d 193). Moreover, we discern no basis for disturbing the determination to terminate her tenancy rather than allow her to remain on the promise that she will exclude the offenders from her apartment (see, e.g., Matter of Burgess v Popolizio, 169 A.D.2d 831).
Concur — Sullivan, J.P., Carro, Ellerin and Asch, JJ.