Dubose v. New York City Housing Authority

Supreme Court properly determined that transfer of the proceeding pursuant to CFLR 7804 (g) was not required since the issues raised in the petition concerned the penalty imposed rather than the charges of nondesirability (see e.g. Matter of Kerney v Hernandez, 60 AD3d 544 [1st Dept 2009]). Even were we to conduct a de novo review, petitioner’s guilty plea to the criminal charge involving illegal drug activity in his apartment established the nondesirability charges (see Grayes v DiStasio, 166 AD2d 261, 262-263 [1st Dept 1990]).

Despite the existence of mitigating factors, the penalty of…