Opinion
April 11, 1996
Appeal from the Supreme Court, New York County [Walter Schackman, J.].
While respondent's determination of nondesirability is supported by substantial evidence of petitioner's actions, including screaming profanities, racial epithets and making threats to respondent's employees, the penalty of termination shocks our sense of fairness, in that the two incidents occurred during a time of much stress for this 15-year tenant, when local drug dealers were making her fear for the life of her son and herself and her request for a transfer remained unfulfilled ( cf., Matter of Milton v. Christian, 99 A.D.2d 984).
Concur — Ellerin, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.