New York City Hous. Auth. Hammel Houses v Newman

[*1] New York City Hous. Auth. Hammel Houses v Newman 2004 NY Slip Op 51203(U) Decided on October 15, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2003-1637 Q C

NEW YORK CITY HOUSING AUTHORITY HAMMEL HOUSES, Appellant,

against

ELLAMAE NEWMAN, Respondent.

Appeal by landlord from a final judgment of the Civil Court, Queens County (J. Grayshaw, J.), entered May 4, 2004, dismissing the petition.

Final judgment unanimously affirmed without costs.

In this proceeding pursuant to RPAPL 713 (7) to remove an occupant on the ground that her license to remain in the premises expired upon the death of the tenant
of record, we see no basis to disturb the finding of the Housing Court that occupant was
entitled to succeed to the subject public-housing unit as a remaining family member of the tenant of record because she had resided therein since 1995 as the lawful wife of the tenant of record.
Decision Date: October 15, 2004