MATTER OF BENJAMIN v. DEPARTMENT OF HOUS. PRESERV. & DEV. OF THE CITY OF N.Y.

159615/17. Appeal No. 11957N. Case No. 2019-4741.

187 A.D.3d 433 (2020)

129 N.Y.S.3d 779

2020 NY Slip Op 05446

In the Matter of Cheryl Benjamin, Appellant, v. Department of Housing Preservation and Development of the City of New York, Respondent, et al., Respondent.

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

Decided October 6, 2020.


Petitioner's request that her application for tenancy succession rights be remanded to HPD for further consideration is denied. Petitioner concedes that she did not proffer sufficient evidence before HPD to demonstrate the date on which her son vacated the subject apartment and that she resided with him in the apartment as a primary residence during the year preceding his vacating the apartment (see 28 RCNY 3-02[p][3]). Indeed, she proffered different move-out dates...

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