Brown v 165 Conover Assoc.

[*1] Brown v 165 Conover Assoc. 2004 NY Slip Op 51244(U) Decided on October 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: October 21, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : ARONIN, J.P., PATTERSON and GOLIA, JJ.
2003-1759 K C

YVONNE BROWN, Respondent,

against

165 CONOVER ASSOC., Appellant.

Appeal by landlord from an order of the Civil Court, Kings County (D. Jimenez, J.), dated March 9, 2003, deemed (CPLR 5520 [c]) an appeal from the final judgment, entered August 10, 2004 pursuant thereto, awarding possession to petitioner in this RPAPL 713 (10) proceeding.

Final judgment unanimously reversed without costs, order vacated, and petition dismissed.

Since petitioner, the sister of the deceased tenant of record, did not claim tenancy rights, her status was that of a mere licensee whose license expired upon the death of the tenant of record. In these circumstances, restoration should not be granted (Matter of 110-45 Queens Blvd. Garage v Park Briar Owners, 265 AD2d 415 [2000]; Wagman v Smith, 161 AD2d 704 [1990]; Khelemskaya v 7901 Realty Corp., NYLJ, Mar. 19, 1996 [App Term, 2d &11th Jud Dists]). Accordingly, the final judgment is reversed and the petition dismissed.
Decision Date: October 21, 2004