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

4461, 102285/09.

82 A.D.3d 482 (2011)

918 N.Y.S.2d 102

In the Matter of DOMINICK COGNATA, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided March 8, 2011.

Petitioner did not have the right to succeed to the subject apartment since he could not make the necessary demonstration that the unit was his primary residence for the required time period (see Matter of Greichel v New York State Div. of Hous. & Community Renewal, 39 A.D.3d 421 [2007]). Although petitioner presented evidence of having resided in the apartment, he did not submit evidence in proper form, such as a notice...

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