N.Y.C. Hous. Auth. Hammel Houses v. Newman

Full title: NEW YORK CITY HOUSING AUTHORITY HAMMEL HOUSES, Appellant, v. ELLAMAE…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 15, 2004

2004 N.Y. Slip Op. 51203 (N.Y. App. Term 2004)

Opinion

2003-1637 QC.

Decided October 15, 2004.

Appeal by landlord from a final judgment of the Civil Court, Queens County (J. Grayshaw, J.), entered May 4, 2004, dismissing the petition.

Final judgment unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

In this proceeding pursuant to RPAPL 713 (7) to remove an occupant on the ground that her license to remain in the premises expired upon the death of the tenant of record, we see no basis to disturb the finding of the Housing Court that occupant was entitled to succeed to the subject public-housing unit as a remaining family member of the tenant of record because she had resided therein since 1995 as the lawful wife of the tenant of record.