Opinion
2008-1718 K C.
Decided December 18, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (George Michael Heymann, J.), dated September 10, 2008. The order denied a motion by appellant Herlecia Owens to be restored to possession.
ORDERED that the order is affirmed with $10 costs.
PRESENT: GOLIA, J.P., PESCE and WESTON, JJ.
Following the execution of a warrant in this nonpayment proceeding, appellant Herlecia Owens moved to be restored to possession of the subject rent-stabilized apartment, which is intended to be rented for occupancy by low-income individuals. In view of the Civil Court's findings on the motion, including its finding that appellant, who is not the tenant of record of the subject rent-stabilized apartment, was illegally subletting the apartment to others for more than twice the stabilized rent, we see no basis to disturb the Civil Court's exercise of discretion not to restore appellant to possession. Accordingly, the Civil Court's order is affirmed.
Golia, J.P., Pesce and Weston, JJ., concur.