Opinion
June 8, 1999.
Appeal from the Supreme Court, New York County (Stanley Parness, J.).
Respondent's finding that petitioner violated the stipulation is supported by substantial evidence. Petitioner acknowledged that her excluded daughter was present at her apartment on the date of respondent's inspection; petitioner's granddaughter testified that the excluded daughter visited twice a week and that she told petitioner about this; and the investigating officer testified that the excluded daughter was let into the apartment in the presence of another adult daughter who acknowledged her awareness that the former's presence was prohibited. However, we vacate the penalty of termination and remand for imposition of a lesser penalty as the penalty of termination shocks our conscience in view of petitioner's long-time residency in public housing, her large household including seven children and three disabled persons, her reliance on public assistance and social security for support, her past unblemished record and the fact that the violation emanates from the acts of an emancipated child who does not reside with her ( cf., Matter of Spand v. Franco, 242 A.D.2d 210, lv denied 92 N.Y.2d 802).
Concur — Sullivan, J.P., Tom, Mazzarelli, Rubin and Friedman, JJ.