Respondent Jennifer Depena appeals from a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered October 5, 2005, after a nonjury trial, which awarded possession to petitioner in a holdover summary proceeding.

Per Curiam:

Final judgment (Ulysses B. Leverett, J.), entered October 5, 2005, affirmed, without costs.

Respondent Jennifer Depena, the grandniece of the deceased tenant of record, is not a "family member" eligible for succession rights to the subject rent controlled apartment (9 NYCRR § 2204.6[d] [3][i]). We also agree that respondent failed to meet her "affirmative obligation" of establishing the type of "emotional and financial commitment and interdependence" necessary to establish a right of succession as a non-traditional family member of the deceased tenant (9 NYCRR § 2204.6[d][3]). "[T]here was no commingling of finances, no joint ownership of anything, not even an indication of sharing household or family expenses" (390 West End Ave. Assoc. v Wildfoerster, 241 AD2d 402, 403 [1997]). Nor is there merit to respondent's contention that she is entitled to succeed to the apartment derivatively through any purported tenancy rights of her mother, inasmuch as her mother moved out in 1993, prior to the tenant of record's death (see 3201-13 Park Realty, LLC v Hernandez, 6 Misc 3d 127A [2005]).

We have considered respondent's remaining arguments and find them unavailing.

This constitutes the decision and order of the Court. [*2]
Decision Date: September 26, 2006