New York City Hous. Auth. Hammel Houses v Newman (2004 NY Slip Op 51203(U))

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New York City Hous. Auth. Hammel Houses v Newman

2004 NY Slip Op 51203(U)

Decided on October 15, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 15, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2003-1637 Q C

NEW YORK CITY HOUSING AUTHORITY HAMMEL HOUSES, Appellant,

against

ELLAMAE NEWMAN, Respondent.

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.

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.
Decision Date: October 15, 2004