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ROSELLO v. RHEA

5940, 400061/10

89 A.D.3d 466 (2011)

931 N.Y.S.2d 873

2011 NY Slip Op 7734

RAMONA ROSELLO, Petitioner, v. JOHN B. RHEA et al., Respondents.

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

Decided November 3, 2011.

The determination has a rational basis and is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]). Petitioner admits and the record reflects that her deceased husband, the tenant of record, never received written consent for her to reside in his apartment, and that she was not an authorized occupant of the apartment for a one-year period before his death (

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