Duniewski v Smith

[*1] Duniewski v Smith 2007 NY Slip Op 51280(U) [16 Misc 3d 128(A)] Decided on June 25, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 25, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2005-1754 K C.

Frank Duniewski, Appellant,

against

Thomas Smith, Respondent, -and- "JOHN DOE", Undertenant.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), dated October 14, 2005, deemed from the final judgment entered October 14, 2005 (see CPLR 5520 [c]) . The final judgment dismissed the petition in a summary proceeding brought pursuant to RPAPL 713 (7).

Final judgment affirmed without costs.

In this licensee proceeding, landlord seeks to recover possession of a rent-controlled apartment on the ground that occupant's license to remain therein expired on the death of his mother, the deceased tenant of record. Occupant defends on the ground that he has succession rights. Upon a review of the record, it is our view that the court below properly found that tenant resided in the apartment with his mother for the requisite two years prior to her death (New York City Rent and Eviction Regulations [9 NYCRR] § 2204.6 [d]).Accordingly, the final judgment is affirmed.

Weston Patterson, J.P., Golia and Belen, JJ., concur. [*2]
Decision Date: June 25, 2007