Opinion
May 16, 1988
Appeal from the Supreme Court, Kings County (Adler, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
The evidence adduced at the hearing conducted by the respondents indicated that the petitioner, a tenant in the respondent New York City Housing Authority's Coney Island Houses, and her daughter, who resided with her, assaulted a nonresident of the project by biting him. The evidence adduced at the hearing also indicated that the petitioner's daughter attacked and bit other tenants in the project. In one of these instances, the injury was so severe that amputation of a finger was seriously contemplated. Under these circumstances, the respondents' determination terminating the petitioner's tenancy on the ground of nondesirability was based on substantial evidence and should not be disturbed (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Nor does the penalty imposed, i.e., termination of the petitioner's tenancy, shock the conscience under the circumstances presented in the instant proceeding (see, Matter of Forman v New York City Hous. Auth., 110 A.D.2d 516, revd 66 N.Y.2d 899, on dissenting opn of Ross, J., at App. Div.).
We have examined petitioner's remaining argument and find it to be without merit. Mangano, J.P., Brown, Kooper and Balletta, JJ., concur.