| Matter of Zimmerman v New York City Hous. Auth. |
| 2011 NY Slip Op 03969 [84 AD3d 526] |
| May 12, 2011 |
| Appellate Division, First Department |
| In the Matter of Tony Zimmerman, Petitioner, v New YorkCity Housing Authority, Respondent. |
—[*1] Sonya M. Kaloyanides, New York (Kimberly W. Wong of counsel), for respondent.
Determination of respondent New York City Housing Authority, dated April 22, 2009, whichterminated petitioner's tenancy on the ground of nondesirability, unanimously confirmed, thepetition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Courtby order of Supreme Court, New York County [Marcy S. Friedman, J.], entered February 19,2010), dismissed, without costs.
The finding of nondesirability is supported by substantial evidence, including that 56 bags ofcrack cocaine, drug paraphernalia, a loaded handgun and four boxes of ammunition containingmore than 150 rounds were recovered from petitioner's apartment pursuant to a search warrant ofwhich petitioner was the target. Although petitioner's stepbrother, but not petitioner, was presentin the apartment at the time the police executed the warrant, the evidence supported theconclusion that the drugs, drug paraphernalia, gun and ammunition were all in plain view in theapartment, and that petitioner violated the terms of the lease by allowing such activity in theapartment (see Harris v Hernandez,30 AD3d 269 [2006]; Matter ofSatterwhite v Hernandez, 16 AD3d 131 [2005]). Furthermore, while petitionersubstantially caught up with the payment of arrears in rent, his chronic delinquency also providedgrounds for the determination, notwithstanding his claim that public assistance was untimely inpaying his rent (see Davis vHernandez, 13 AD3d 90 [2004]).
Under the circumstances presented, the penalty of termination does not shock our conscience(see Harris at 269).
We have considered petitioner's remaining contentions and find them unavailing.Concur—Gonzalez, P.J., Tom, Andrias, Moskowitz and Freedman, JJ.