Respondents' determination denying Bertrand succession rights to the subject apartment had a rational basis. The record establishes that, despite ample opportunity to do so, Bertrand is unable to demonstrate that the apartment was his primary residence "for a period of not less than two years immediately prior to [his mother's] permanent vacating of the apartment" (28 RCNY 3-02 [p] [3]). Although Bertrand was listed on his mother's income affidavit for 2004, she never filed...
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