1 No. 119 SSM 10
   In the Matter of Sandra Walker,
   Appellant,
   v.
   Ruben Franco, &c.,
   Respondent.
     _________________________________________________________________

   2001 NY Int. 100

   July 10, 2001

   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.

   Submitted by Bruno Bianchi, for appellant.
   Submitted by Elyse Hilton, for respondent.
     _________________________________________________________________
     _________________________________________________________________

   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 petitioner's own conduct, not that of her
   son. Similarly, the cases cited by petitioner are distinguishable in
   that they involved criminal activity by an "offender" other than the
   tenant. Petitioner's contention that she was denied due process is
   unpreserved for review.

   On review of submissions pursuant to section 500.4 of the Rules,
   judgment affirmed, without costs, in a memorandum. Chief Judge Kaye
   and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo
   concur.

   Decided July 10, 2001