Opinion
2003-1759 KC.
Decided October 21, 2004.
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.
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
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; Wagman v. Smith, 161 AD2d 704; 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.