Walker v. Franco

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, without costs.

Petitioner claims her eviction should be annulled because it was based on acts committed by her son, and her testimony that he moved out of her apartment six months before the hearing was not rebutted by respondent. Substantial evidence in the record, however, supports respondent’s determination to terminate petitioner’s tenancy on the ground of non-desirability (see, Matter of Woody v Franco, 260 AD2d 186, lv denied 94 NY2d 754). The record reveals the tenancy was terminated as a result of…