Opinion
April 19, 1994
Appeal from the Supreme Court, Appellate Division, Second Department.
This proceeding, denominated an appeal, was transferred to this Court by order of the Appellate Division, Second Department dated December 27, 1993. Upon our review of the record, we find that there was substantial evidence supporting the administrative findings that petitioner did not establish that she had resided in the subject apartment as a primary residence with her father for at least two years prior to his death and has appeared on income affidavits for at least two consecutive annual reporting periods immediately prior to his death and that she was therefore not entitled to rights of succession in the apartment (see, 28 RCNY 3-02 [p] [3]). The within petition must therefore be denied and the transferred proceeding dismissed.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.