St. Marks Place Hous. Co., Inc. v Moultrie

[*1] St. Marks Place Hous. Co., Inc. v Moultrie 2012 NY Slip Op 50053(U) Decided on January 13, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 13, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2010-2478 RI C. -x

St. Marks Place Housing Company, Inc., Respondent,

against

Leroy Moultrie, Appellant. -x

Appeal from a final judgment of the Civil Court of the City of New York, Richmond County (Marina Mundy, J.), entered August 5, 2010. The final judgment, entered pursuant to an order of the same court granting landlord's motion for summary judgment, awarded landlord possession in a licensee summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this licensee summary proceeding (RPAPL 713 [5]), occupant seeks to defend on the ground that he has succession rights to the subject State-assisted Mitchell-Lama apartment. However, since "the New York State Division of Housing and Community Renewal is vested with exclusive jurisdiction to determine remaining-family-member claims in State-assisted Mitchell-Lama housing" (Starrett City, Inc. v Smith, 25 Misc 3d 42, 44-45 [App Term, 2d, 11th and 13th Jud Dists 2009]; see Rochdale Vil., Inc. v Goode, 16 Misc 3d 49, 52 [App Term, 2d & 11th Jud Dists 2007]; cf. Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]), occupant's succession-rights defense cannot be entertained in this summary proceeding. Accordingly, the final judgment is affirmed.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: January 13, 2012