Matter of Greichel v New York State Div. of Hous. & Community Renewal

Matter of Greichel v New York State Div. of Hous. & Community Renewal 2007 NY Slip Op 03732 [39 AD3d 421] April 26, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

In the Matter of Lubov Shmidt Greichel, Respondent,
v
New York State Division of Housing and Community Renewal, Appellant.

—[*1] Andrew M. Cuomo, Attorney General, New York (Robert C. Weisz of counsel), for appellant.

Kucker & Bruh, LLP, New York (Aram L. Erenburg of counsel), for respondent.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered November 9, 2005, which annulled respondent's denial of petitioner's challenge to a rejection of her application for succession rights to an apartment to the extent of remanding for a hearing to determine whether petitioner resided in the apartment for the required period, and denied respondent's cross motion to dismiss this proceeding, unanimously reversed, on the law, without costs, the petition denied, the cross motion granted and the proceeding dismissed.

Petitioner did not have the right to succeed to the subject Mitchell-Lama unit upon the death of the tenant of record since it is undisputed that she was not listed on the income affidavits required by the agency and thus could not make the necessary demonstration that the unit was her primary residence (9 NYCRR 1727-8.2 [a] [5]; Matter of Renda v New York State Div. of Hous. & Community Renewal, 22 AD3d 382 [2005]). Concur—Mazzarelli, J.P., Andrias, Friedman, McGuire and Malone, JJ.