Opinion
2006-1272 K C.
Decided March 7, 2008.
Appeal from a final judgment of the Civil Court of the City of New York, Kings County, (Marina Mundy, J.), dated February 28, 2006. The final judgment, insofar as appealed from, after a nonjury trial, awarded possession to petitioner as against occupant Rosalind E. Dance Clunis in a licensee summary proceeding.
Final judgment affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and RIOS, JJ.
In this licensee summary proceeding (RPAPL 713), the court below properly concluded that petitioner established a prima facie case that occupant-appellant Rosalind E. Dance Clunis was a licensee whose license had been terminated and that the occupants' testimony, even if fully credited, failed to establish a defense to the proceeding. Contrary to occupant-appellant's contention, the record indicates that she was afforded a fair and impartial trial. Accordingly, the final judgment, insofar as appealed from, is affirmed.
Pesce, P.J., Weston Patterson and Rios, JJ., concur.