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St. Marks Place Housing Company, Inc v. Leroy Moultrie

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


January 13, 2012

ST. MARKS PLACE HOUSING COMPANY, INC.,
RESPONDENT,
v.
LEROY MOULTRIE,
APPELLANT.

Appeal from a final judgment of the Civil Court of the City of New York, Richmond County (Marina Mundy, J.), entered August 5, 2010.

St. Marks Place Hous. Co., Inc. v Moultrie

Decided on January 13, 2012

Appellate Term, Second Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: GOLIA, J.P., WESTON and RIOS, JJ

The final judgment, entered pursuant to an order of the same court granting landlord's motion for summary judgment, awarded landlord possession in a licensee summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this licensee summary proceeding (RPAPL 713 [5]), occupant seeks to defend on the ground that he has succession rights to the subject State-assisted Mitchell-Lama apartment. However, since "the New York State Division of Housing and Community Renewal is vested with exclusive jurisdiction to determine remaining-family-member claims in State-assisted Mitchell-Lama housing" (Starrett City, Inc. v Smith, 25 Misc 3d 42, 44-45 [App Term, 2d, 11th and 13th Jud Dists 2009]; see Rochdale Vil., Inc. v Goode, 16 Misc 3d 49, 52 [App Term, 2d & 11th Jud Dists 2007]; cf. Bedford Gardens Co., LP v Jacobowitz, 29 AD3d 501 [2006]), occupant's succession-rights defense cannot be entertained in this summary proceeding. Accordingly, the final judgment is affirmed.

Golia, J.P., Weston and Rios, JJ., concur.

Decision Date: January 13, 2012

20120113

© 1992-2012 VersusLaw Inc.



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