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In the Matter of ELIZABETH RIVERA, Petitioner, v. SALLY HERNANDEZ-PINERO, as Chair of the New York City Housing Authority, et al., Respondents.

There was substantial evidence to support respondent's determination terminating petitioner's tenancy. Pursuant to a search warrant, Housing Authority police searched petitioner's premises and seized a substantial quantity of narcotics, as well as weapons for which no permit had been obtained. Petitioner's assertion that the contraband seized belonged to others presented an issue of credibility, and the resolution of that issue is left to the Hearing Officer, not the court (Cataquet v Hernandez-Pinero, 198 A.D.2d 193). Moreover, we discern no basis for disturbing the determination to terminate her tenancy rather than allow her to remain on the promise that she will exclude the offenders from her apartment (see, e.g., Matter of Burgess v Popolizio, 169 A.D.2d 831).

Concur — Sullivan, J.P., Carro, Ellerin and Asch, JJ.

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MATTER OF RIVERA v. HERNANDEZ-PINERO
(Jun 30, 1994)