Tenant appeals from an order of the Civil Court, Bronx County (Arlene Hahn, J.), dated October 6, 2004, which denied his motion to dismiss the petition in a holdover summary proceeding, and from a final judgment, same court (Brenda S. Spears, J.), entered February 3, 2005, after a nonjury trial, which awarded possession to landlord.

PER CURIAM:

Final judgment (Brenda S. Spears, J.), entered February 3, 2005, affirmed, without costs. Appeal from order dated October 6, 2004 (Arlene Hahn, J.), dismissed, without costs, as subsumed in the appeal from the judgment.

The trial court's determination that the demised apartment premises were being used for illegal purposes comports with the weight of the trial evidence, which established that tenant was arrested and convicted on at least two separate occasions for drug-related offenses occurring in or around the building (see RPAPL 711[5], 715). Contrary to tenant's contention, the "termination of assistance" requirements applicable to this tenancy subject to the Shelter Care Plus program (see 42 USC § 11403 et seq; 24 CFR 582.320) were fully satisfied, and do not, expressly or by implication, require an administrative hearing prior to the termination of the tenancy.

This constitutes the decision and order of the court.
Decision Date: July 27, 2006