LVT Number: #26642
(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)
Tenant’s family member filed an Article 78 petition to appeal HPD’s decision that she had no succession rights to tenant’s apartment. HPD and landlord claimed that the family member had defaulted and couldn’t maintain the appeal. The court permitted the family member to proceed. Landlord and HPD appealed and won. This was a second Article 78 proceeding commenced by the family member. An earlier case had been dismissed and the second Article 78 proceeding was untimely because it was filed more than four months after the family member became aware of HPD’s decision. HPD’s decision also was reasonable because the family member failed to show when tenant moved out of the apartment and how long the family member had lived with tenant.
Kamara v. East River Landing: 2015 NY Slip Op 07564, 2015 WL 5971687 (App. Div. 1 Dept.; 10/15/15; Friedman, JP, Sweeny, Saxe, Moskowitz, Gische, JJ)
