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MATTER OF LEE v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK

48 A.D.3d 376 (2008)

852 N.Y.S.2d 103

In the Matter of MARILYN LEE, Also Known as MARILYN H.M. LAM, et al., Petitioners, v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK et al., Respondents.

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

Decided February 28, 2008.

The finding that petitioner Marilyn Lee did not maintain the subject apartment as her primary residence for many years is supported by substantial evidence, including testimonial admissions. Petitioners' argument that petitioner Charlene Lam is entitled to succession rights through her aunt was improperly raised for the first time in the article 78 proceeding (see Matter of Featherstone v Franco, 95 N.Y.2d 550, 554 [2000]). We have...

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