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In the Matter of OLIVIA SPAND, Petitioner, v. RUBEN FRANCO, as Chairperson of the New York City Housing Authority, et al., Respondents.

A review of the record as a whole shows that the Housing Authority's determination was supported by substantial evidence. However, it also shows the penalty imposed was so disproportionate "`in the light of all the circumstances, as to be shocking to one's sense of fairness"' (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Certainly the behavior petitioner engaged in was serious and was appropriately condemned by respondent, but in the unique circumstances of this case, the eviction of petitioner, a resident for over four years and the mother of three small children, is a disproportionate sanction. Petitioner was involved in one isolated incident, has no other violations and has not presented any other problems to the Housing Authority. There is no indication that she poses any present risk to other tenants or to respondent's property. Accordingly, we remand this matter to respondent for consideration of a lesser penalty (see, Matter of Vargas v Franco, 238 A.D.2d 274).

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.

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MATTER OF SPAND v. FRANCO
(Aug 7, 1997)