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FESTA v. LESHEN

145 A.D.2d 49 (1989)

Laurie K. Festa et al., Respondents, v. Gary Leshen, Respondent, and Joel Leshen et al., Appellants New York State Division of Housing and Community Renewal, Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 17, 1989

Attorney(s) appearing for the Case

Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., attorneys), for respondents.

Hal Brodie of counsel (Hartman, Ule, Rose & Ratner, attorneys), for Joel Leshen, appellant.

Harvey M. Berman of counsel (Lawrence S. Kahn with him on the brief; Robert Abrams, Attorney-General, attorney), for intervenor-appellant.

KUPFERMAN, J. P., ROSS and KASSAL, JJ., concur.

SULLIVAN, J.

At issue on this appeal from an award of possession to the landlord is a determination by Appellate Term holding invalid recent amendments to the Rent Stabilization Code (Code) which provide that relatives who reside with a named tenant may succeed to the tenant's lease rights upon the tenant's death or abandonment of the dwelling (9 NYCRR 2523.5 [b] [1], [2]).

In November 1977, Gary Leshen...

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