FERRO v. LAWRENCE (2002)

Order unanimously affirmed without costs.

 A landlord's attorney/agent is not a person authorized to initiate a summary proceeding in his or her own name, a defect that is not cured by captioning the proceeding in the name of a proper party in interest (RPAPL 721;  Key Bank of N.Y. v. Becker, 88 N.Y.2d 899, 900, 646 N.Y.S.2d 656, 669 N.E.2d 814;  Whelan v. Veltre, NYLJ, Feb. 11, 2002 [App Term, 9th & 10th Jud Dists.];   cf. RPAPL 741).   Moreover, landlord's April 4, 2002 termination notice (Real Property Law ¶ 232-b), purporting to terminate the tenancy as of the 6th of the following month, was a nullity in that it failed to terminate the tenancy on its renewal date, the first day of a calendar month following a notice served “at least one month before the expiration of the term” (Real Property Law § 232-b;  see Orienta Gardens Co. v. Pergola, NYLJ, Nov. 10, 1988 [App. Term, 9th & 10th Jud Dists];  Hunt v. Hart, 188 Misc. 534, 68 N.Y.S.2d 463; 2 Dolan, Rasch's Landlord and Tenant Summary Proceedings ¶ 30:54, at 460-461, 461 n 198 [4th ed.] ).

MEMORANDUM.