New York Supreme Court, Appellate Division, First Department

     
Appellate Division, 1st Department


The Trustees of Columbia University In The City of New York v. Richman

Rosenberger, J.P., Tom, Andrias, Ellerin, Wallach, JJ.

5691-5692

The Trustees of Columbia University In The City of New York,

Petitioner-Respondent,

 Jeffrey R. Metz

-against-

Vicki Richman, et al.,

Respondents-Appellants.

Pro Se

Order, Appellate Term of the Supreme Court, First
Department, entered December 14, 2000, which affirmed an
order and final judgment of the Civil Court, New York County
(Brenda Spears, J.), entered September 9, 1999, awarding
petitioner landlord possession of the subject apartment,
unanimously affirmed, without costs.

In opposing the petition seeking possession of the subject
apartment, respondents maintain that they are entitled to
remain in the apartment as successors to the rent-controlled
tenancy of respondent Richman's deceased mother. Civil Court
and Appellate Term, however, correctly rejected this
contention since respondents failed to make the requisite
showing that they lived in the apartment with Ms. Richman's
mother for two years prior to her vacatur (see, 9 NYCRR §
2204.6(d)(1); and see, Matter of Olszewski v Commr. of the
State Div. of Hous. & Community Renewal, 277 AD2d 386).

 We have considered respondents' other contentions and find
 them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 20, 2001