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MATTER OF SHMIDT GREICHEL v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

39 A.D.3d 421 (2007)

832 N.Y.S.2d 807

In the Matter of LUBOV SHMIDT GREICHEL, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant.

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

Decided April 26, 2007.

Petitioner did not have the right to succeed to the subject Mitchell-Lama unit upon the death of the tenant of record since it is undisputed that she was not listed on the income affidavits required by the agency and thus could not make the necessary demonstration that the unit was her primary residence (9 NYCRR 1727-8.2 [a] [5]; Matter of Renda v New York State Div. of Hous. & Community Renewal, 22 A...

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