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

15612, 101282/13.

134 A.D.3d 481 (2015)

21 N.Y.S.3d 73

2015 NY Slip Op 09167

In the Matter of JASON OLIVERO, Respondent, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Appellants.

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

Decided December 10, 2015.

Supreme Court incorrectly found that there was no rational basis for HPD's determination that petitioner failed to establish that there was "emotional and financial commitment and interdependence between [himself] and the tenant/cooperator" who had permanently vacated the subject apartment (see 28 RCNY 3-02 [p] [2] [ii] [B] [a], [b], [c], [d], [f], [g]). While there is record evidence that would support finding a family-like (nephew) relationship between petitioner...

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