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MATTER OF WRIGHT v. CARROLL

Index No. 451789/19. Appeal No. 13483. Case No. 2020-04337.

193 A.D.3d 443 (2021)

141 N.Y.S.3d 685

2021 NY Slip Op 02089

In the Matter of Janet Wright et al., Appellants, v. Louise Carroll et al., Respondents.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York ( Alyssa K. Perry of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Mackenzie Fillow of counsel), for Municipal respondent.

Hertz, Cherson & Rosenthal, P.C., Queens ( David Troupp of counsel), for Riverbend Housing Co. Inc., respondent.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

HPD's determination that petitioners failed to establish entitlement to succeed to the decedent's rent-controlled apartment tenancy as nontraditional family members is supported by a rational basis, and is not arbitrary and capricious (see generally Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363 [1987]). Although petitioners clearly shared a close relationship with the decedent, they failed to demonstrate a shared financial...

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