Los Tres Unidos Assoc., LP v Colon

[*1] Los Tres Unidos Assoc., LP v Colon 2014 NY Slip Op 51566(U) Decided on November 3, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 3, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Ling-Cohan, JJ.
571119/13

Los Tres Unidos Associates, LP., Petitioner-Appellant,

against

Luis Colon, Respondent-Respondent.

Petitioner appeals from a final judgment of the Civil Court of the City of New York, New York County (Cheryl J. Gonzales, J.), entered on or about October 7, 2013, after a nonjury trial, in favor of respondent dismissing the petition in a holdover summary proceeding.

Per Curiam.

Final judgment (Cheryl J. Gonzales, J.), entered on or about October 7, 2013, affirmed, with $25 costs, for the reasons stated by Cheryl J. Gonzales, J. at Civil Court.

The record shows and it is essentially undisputed that respondent Luis Colon resided with his mother, the record tenant, in this Section 8 "project based" apartment for more than a decade preceding the tenant's death in October 2011. Under such circumstances, respondent was entitled to continuation of the "project-based" Section 8 subsidy. The absence of respondent's name on family composition statements was not fatal to his succession claim otherwise established by the trial evidence (see Matter of Manhattan Plaza Assocs. v DHPD, 8 AD3d 111 [2004]; 2013 Amsterdam Ave. Hous. Assoc. v Estate of Wells (10 Misc 3d 142[A], 2006 NY Slip Op 50084[U] [App Term, 1st Dept 2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 03, 2014