MATTER OF MARTINO v. SOUTHBRIDGE TOWERS, INC.

1597, 402711/07

68 A.D.3d 412 (2009)

2009 NY Slip Op 8870

890 N.Y.S.2d 487

In the Matter of KRISTA MARTINO, Appellant, v. SOUTHBRIDGE TOWERS, INC., Respondent, and NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided December 1, 2009.


The determination that petitioner did not have the right to succeed to the subject apartment upon the death of the tenant of record has a rational basis. The housing company was never notified in writing that petitioner had assumed occupancy in the apartment (see 9 NYCRR 1727-3.6), and when the tenant of record died on January 6, 1999, the only credible evidence that the apartment was petitioner's primary residence was the affidavit of income filed by the tenant of...

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