Opinion
April 8, 1999
Determination after hearing of respondent.
The determination of non-desirability is supported by substantial evidence, including the testimony of the police officer that he entered petitioner's apartment pursuant to a bench warrant for her son and, while there, observed a large quantity of narcotics in plain view in a bedroom (see, Matter of Rivera v. Hernandez-Pinero, 205 A.D.2d 473). No basis exists for disturbing the Hearing Officer's credibility determination rejecting petitioner's assertion that she was unaware of the drugs in her apartment (see, Cataquet v. Hernandez-Pinero, 198 A.D.2d 193). Irrespective of whether petitioner's son has permanently left the apartment — an issue as to which petitioner's proof was deficient — the penalty of termination of tenancy does not shock our sense of fairness, given the large amount of drugs (over 300 glassine envelopes containing at least four ounces of crack cocaine) found in the apartment, which were obviously intended for sale (see, Matter of Gibson v. Blackburne, 201 A.D.2d 379, 380).
We have considered petitioner's other contentions and find them to be without merit.
Concur — Ellerin, P. J., Tom, Wallach and Andrias, JJ.