Substantial evidence for the finding of nondesirability was provided by the testimony of a police officer that petitioner admitted him into the subject apartment where, in petitioner's occasional presence, he negotiated with her boyfriend a major drug transaction that petitioner subsequently offered to personally complete when the boyfriend fell ill, and by petitioner's plea of guilty to criminal sale of a controlled substance in the second degree (Penal Law § 220.41) for her involvement in that transaction. The penalty of termination of tenancy was appropriate and, in no way, shocks our sense of fairness (see, Matter of Woody v. Franco, 260 A.D.2d 186, lv denied 94 N.Y.2d 754).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.