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MATTER OF WRIGHT v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

Index No. 155883/20. Appeal No. 15399. Case No. 2021-02470.

203 A.D.3d 416 (2022)

160 N.Y.S.3d 581

2022 NY Slip Op 01281

In the Matter of Geoffrey Wright, Appellant, v. New York City Department of Housing Preservation and Development et al., Respondents.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Ilganayev Law Firm, PLLC, New York ( Migir Ilganayev of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Eva L. Jerome , of counsel), for New York City Department of Housing Preservation and Development, respondent.

Sontag & Hyman, P.C., Roslyn Heights ( Bruce Sontag of counsel), for Esplanade Gardens, Inc., respondent.

Concur—Gische, J.P., Shulman, Rodriguez, Pitt, JJ.

While HPD was processing his application for succession rights, petitioner received repeated requests for credible and reliable proofs of primary residency during the relevant time period. Petitioner was also afforded due process and a full and fair opportunity to meet his regulatory burden. Nonetheless, petitioner failed to demonstrate his right to succeed his mother in occupancy of the subject apartment (see Matter of Halcomb v New York City Dept. of Hous. Preserv. ...

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