IN RE: Ruby Harris ALFRED

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Ruby Harris ALFRED, Appellant, v. Lilliam BARRIOS-PAOLI, etc., et al., Respondents.

Decided: June 29, 1998

Before BRACKEN, J.P., COPERTINO, McGINITY and LUCIANO, JJ. Harvey A. Herbert, Brooklyn, N.Y., for appellant. Michael D. Hess, Corporation Counsel, New York, N.Y. (Frances F. Caputo, Susan Cruise, and Elizabeth I. Freedman of counsel), for respondent Lilliam Barrios-Paoli, Commissioner, Department of Housing Preservation and Development. Gallet Dreyer & Berkey, LLP, New York, N.Y. (Stanley B. Dreyer and Morlan Ty Rogers of counsel), for respondent Lindsay Park Housing Corp.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Housing Preservation and Development, dated July 12, 1996, which denied the petitioner's application for succession rights to an apartment in a Mitchell-Lama building, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Garson, J.), entered July 18, 1997, which, inter alia, upon granting the cross motion of the respondent Lindsay Park Housing Corp., denied the petition and dismissed the proceeding.

ORDERED that the order and judgment is affirmed, with one bill of costs.

Pursuant to Rules of the City of New York, tit 28, § 3-02(p)(3), to succeed to the leasehold rights of a Mitchell-Lama apartment, one must be a “family member” as defined in Rules of the City of New York, tit 28, § 3-02(p)(2)(ii), and must have resided in the apartment with the former legal tenant for two years immediately prior to the tenant's permanent vacatur of the apartment.

There is no dispute that the petitioner is the daughter of the tenant of record for the apartment.   The agency denied the petitioner's application for succession rights because she failed to establish that she had resided in the apartment with her mother, the tenant, for two years immediately prior to the mother's death in February 1990.   The determination was supported by a rational basis, and we decline to disturb it.

The petitioner's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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