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MATTER OF LUMSBY v. DONOVAN

50 A.D.3d 318 (2008)

854 N.Y.S.2d 716

In the Matter of JEAN NELSON LUMSBY et al., Petitioners, v. SHAUN DONOVAN, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Respondents.

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

Decided April 3, 2008.

The finding that petitioner mother Jean Nelson Lumsby did not maintain the subject apartment as her primary residence for many years is supported by substantial evidence (see Matter of Shi Yi Tang v New York City Dept. of Hous. Preserv. & Dev., 29 A.D.3d 470 [2006]). Since the mother was not occupying the apartment during the relevant period, petitioner Collette Lumsby could not establish succession rights through her (see...

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