Majority
Determination by respondents, dated August 7, 2013, terminating petitioner’s tenancy on the grounds of undesirability and violation of provisions of the lease and rules and regulations, 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 [Cynthia S. Kern, J.], entered Apr. 25, 2014) dismissed, without costs.
The agency’s determination that, among other things, petitioner caused a fire in her apartment by lighting a candle in a closet containing clothing, is supported by substantial evidence (see Matter of Forman v New York City Hous. Auth., 66 NY2d 899 [1985], revg on dissent below 110 AD2d 516 , 516-520 [1st Dept 1985]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 180-182 [1978]). The record also
Under the circumstances, the penalty of termination is not shockingly disproportionate to the offense (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 233 [1974]).
We have considered petitioner’s remaining contentions and find them unavailing. Concur — Mazzarelli, J.P., Acosta, Renwick, Manzanet-Daniels and Feinman, JJ.
Cases cited
- Forman v. New York City Housing Authority 66 NY2d 899 p. 582
- Forman v. New York City Housing Authority 110 AD2d 516 at 516-520 p. 582
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 180-182 p. 582
- Canales v. Hernandez 13 AD3d 263 at 264 p. 583
- Pell v. Board of Education 34 NY2d 222 at 233 p. 583