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In re Lakins

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 24, 2009

IN RE WESLEY LAKINS, PETITIONER,
DIANA LAKINS, PETITIONER-APPELLANT,
v.
THE NEW YORK CITY HOUSING AUTHORITY, RESPONDENT-RESPONDENT.

Appeal from order, Supreme Court, New York County (Walter B. Tolub, J.), entered December 15, 2008, which denied the petition and dismissed this proceeding brought pursuant to CPLR article 78 seeking to review respondent's determination to terminate the tenancy of petitioner Wesley Lakins, unanimously dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., McGuire, Renwick, Richter, Manzanet-Daniels, JJ.

401204/08

Although petitioner-appellant Diana Lakins was the wife of the tenant of record Wesley Lakins and was an occupant of the subject apartment, she does not have standing to pursue this appeal since she was not a co-lessee of the apartment. Indeed, respondent was not even required to serve Diana with a notice and specification of charges (see McLaughlin v Hernandez, 16 AD3d 344, 344 [2005] [respondent "is not obligated to serve... notice on household members other than the tenant of record"]).

We have considered appellant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091124

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