Opinion
October 5, 2000.
Order, Supreme Court, New York County (Stanley Parness, J.), entered on or about December 17, 1999, which granted the condemnor's motion for summary judgment dismissing claimant's compensation claim, unanimously affirmed, without costs.
John R. Casolaro, for petitioner-respondent.
Benjamin E. Geyerhahn, for claimant-appellant.
M. Robert Goldstein, for respondent-fee owner.
Before: Nardelli, J.P., Tom, Andrias, Buckley, Friedman, JJ.
Claimant, as a statutory, month-to-month tenant, had no cognizable claim to be compensated for the extinguishment of his tenancy when the building in which his tenancy had been located was duly condemned. Claimant's rights of procedural due process under the rent regulation laws (see, e.g., Allerton Coops Tenants Assn. v. Biderman, 189 A.D.2d 249, 253-254) did not confer upon him a compensable property interest in the apartment he tenanted or in the monetary benefits of lifetime enjoyment of rent control status (see, Angleton v. Pierce, 574 F. Supp. 719 733-734, affd 734 F.2d 3, cert denied 469 U.S. 880). In light of the foregoing, it is unnecessary to address the remaining grounds advanced by the condemnor for dismissal of the compensation claim.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.