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MATTER OF TENER v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL, OFFICE OF RENT ADMIN.

159 A.D.2d 270 (1990)

In the Matter of Philip Tener, Appellant, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Respondent, and Cleo Wadler, Intervenor-Respondent

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

March 13, 1990

Petitioner seeks to annul respondent's determination that the intervenor tenant was protected by the rent control laws because she has been in continuous occupancy of the subject apartment since her birth in 1937. The tenant of record, intervenor's mother, vacated the apartment to reside in a nursing home. Intervenor's uncontroverted statement was that for a period of only six months to one year she stayed with a friend but, even during such period, she returned regularly...

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