441 Convent LLC v Stafford

441 Convent LLC v Stafford 2012 NY Slip Op 08628 Decided on December 13, 2012 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 December 13, 2012
Gonzalez, P.J., Mazzarelli, Acosta, Román, JJ.
8823 570939/10

[*1]441 Convent LLC, Petitioner-Landlord-Respondent,

v

Betty Stafford, Respondent-Tenant-Appellant.




Betty Stafford, appellant pro se.
Horing Welikson & Rosen, P.C., Williston Park (Christopher J.
Duval of counsel), for respondent.

Order of the Appellate Term of the Supreme Court, First Department, entered on or about November 29, 2011, which, in this licensee holdover proceeding, affirmed a judgment of Civil Court, New York County (Joseph E. Capella, J.), entered on or about April 13, 2010, awarding petitioner landlord possession of the premises, unanimously affirmed, without costs.

There is no basis for departing from the hearing court's finding, based on an assessment of the witnesses' credibility, that service was properly effected by the process servers (see Pressley v Shneyer, 56 AD3d 263 [1st Dept 2008]).

Respondent tenant failed to establish that she had resided with her aunt for at least two years immediately before her aunt vacated the apartment (see Rent Stabilization Code [9 NYCRR] § 2523.5 [b] [1]). Indeed, the record shows that respondent resided with her aunt for less than two years, before her aunt went into a nursing home, where she died several months later (see Matter of Glass v Glass, 29 AD3d 347, 349 [1st Dept 2006]). Respondent also failed to demonstrate the requisite "emotional and financial commitment, and interdependence" between her and her aunt (Rent Stabilization Code [9 NYCRR] §§ 2523.5[b][1], 2520.6[o][2]).

We have considered respondent's remaining arguments and find them unavailing.

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

ENTERED: DECEMBER 13, 2012

CLERK