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

Matter of Belarrem v New York State Div. of Hous. & Community Renewal 2011 NY Slip Op 07737 Decided on November 3, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 3, 2011
Mazzarelli, J.P., Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ.
5946 106502/09

[*1]In re Lynn Alice Chan Belarrem, Petitioner-Appellant,

v

New York State Division of Housing and Community Renewal, Respondent-Respondent.




Sokolski & Zekaria, P.C., New York (Daphna Zekaria of
counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York (Robert C.
Weisz of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Marylin G. Diamond, J.), entered August 6, 2010, denying the petition to annul respondent's determination, dated January 9, 2009, which denied her appeal from a housing company's rejection of her application for succession rights to an apartment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner failed to establish that she lived in the subject apartment with her parents for at least two years before their deaths (see 9 NYCRR 1727-8.2[a][1]). To the contrary, the evidence showed that petitioner's parents lived in an apartment in another building during that time. Petitioner's claim that the two nonadjacent apartments should have been considered a single primary residence is also unsupported, since there is no evidence that her parents maintained the subject apartment as an extension of their residence in the other building (see Sharp v
Melendez, 139 AD2d 262 [1988], lv denied 73 NY2d 707 [1989]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 3, 2011

CLERK