441 Convent LLC v. Stafford

101 A.D.3d 479, 954 N.Y.2d 867

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 13, 2012
• Status: Published

Opinion

There is no basis for departing from the hearing court’s finding, based on an assessment of the witnesses’ credibility, that service was properly effected by the process servers (see Pressley v Shneyer, 56 AD3d 263 [1st Dept 2008]).

Respondent tenant failed to establish that she had resided with her aunt for at least two years immediately before her aunt vacated the apartment (see Rent Stabilization Code [9 NYCRR] § 2523.5 [b] [1]). Indeed, the record shows that respondent resided with her aunt for less than two years, before her aunt went into a nursing home, where she died several months later (see Matter of Glass v Glass, 29 AD3d 347, 349 [1st Dept 2006]). Respondent also failed to demonstrate the requisite “emotional and financial commitment and interdependence” between her and her aunt (Rent Stabilization Code [9 NYCRR] §§ 2523.5 [b] [1]; 2520.6 [o] [2]).

We have considered respondent’s remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Mazzarelli, Acosta and Román, JJ.