Estate of Vaisman v. East Midtown Plaza Housing Co.

Appellate Division of the Supreme Court of New York

Estate of Vaisman v. East Midtown Plaza Housing Co.

15 A.D.3d 290, 789 N.Y.S.2d 426, 2005 N.Y. App. Div. LEXIS 1695

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 2005

StatusPublished

Cited by4 cases

This text of 15 A.D.3d 290 (Estate of Vaisman v. East Midtown Plaza Housing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Vaisman v. East Midtown Plaza Housing Co., 15 A.D.3d 290, 789 N.Y.S.2d 426, 2005 N.Y. App. Div. LEXIS 1695 (N.Y. Ct. App. 2005).

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Opinion

Determination of respondent Department of Housing Preservation and Development, dated January 17, 2003, after a hearing, which granted respondent East Midtown Plaza Housing’s application for a certificate of eviction, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Michael D. Stallman, J], entered January 30, 2004) dismissed, with costs.

The determination was supported by substantial evidence. The record, including inferences and assessments of credibility, provides ample evidence that petitioners failed to meet the requirements of primary residency and/or family relationship for the right to succeed to the Mitchell-Lama apartment in question, in accordance with rules governing the rental of space in city-aided limited profit housing companies (28 RCNY 3-02 [n] [4]; [p] [3]; Matter of Shupack v Dayton Towers Corp., 203 AD2d 134 [1994]).

We have considered petitioners’ remaining arguments and [291]*291find them unavailing. Concur — Tom, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

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Determination of respondent Department of Housing Preservation and Development, dated January 17, 2003, after a hearing, which granted respondent East Midtown Plaza Housing’s application for a certificate of eviction, unanimously confirmed, the petition denied and the proceeding (transferred to this Court by order of the Supreme Court, New York County [Michael D. Stallman, J], entered January 30, 2004) dismissed, with costs.

The determination was supported by substantial evidence. The record, including inferences and assessments of credibility, provides ample evidence that petitioners failed to meet the requirements of primary residency and/or family relationship for the right to succeed to the Mitchell-Lama apartment in question, in accordance with rules governing the rental of space in city-aided limited profit housing companies (28 RCNY 3-02 [n] [4]; [p] [3]; Matter of Shupack v Dayton Towers Corp., 203 AD2d 134 [1994]).

We have considered petitioners’ remaining arguments and [291]*291find them unavailing. Concur — Tom, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

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Bluebook (online)

15 A.D.3d 290, 789 N.Y.S.2d 426, 2005 N.Y. App. Div. LEXIS 1695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-vaisman-v-east-midtown-plaza-housing-co-nyappdiv-2005.

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