Opinion
570851/05.
Decided June 26, 2006.
Respondent Hershberger appeals 1) from a final judgment of the Civil Court, New York County (Ulysses B. Leverett, J.), entered on or about July 15, 2005, after a nonjury trial, which awarded possession to petitioner in a holdover licensee proceeding, and 2) from an order of the same court (Lydia C. Lai, J.), entered on or about December 10, 2004 which, inter alia, denied respondent's motion to quash three subpoenas and to suppress information derived therefrom.
Final judgment (Ulysses B. Leverett, J.), entered on or about July 15, 2005, affirmed, with $25 costs.
Order (Lydia C. Lai, J.), entered on or about December 10, 2004, affirmed, with $10 costs, for the reasons stated by Lydia C. Lai, J. at the Civil Court.
PRESENT: McKeon, P.J., Davis, Gangel-Jacob, JJ.
We agree that appellant, the granddaughter of the deceased tenant of record, failed to meet her affirmative obligation to establish succession rights to the rent controlled tenancy ( 9 NYCRR § 2204.6 [d]). The documentary evidence bearing on respondent's residence during the relevant time period listed not the subject Manhattan apartment, but alternate addresses in Queens, and the trial court, as fact-finder, reasonably could discredit respondent's testimony concerning her makeshift sleeping arrangements in the subject one-bedroom apartment occupied by her grandmother and a home health aide. "On a bench trial, the decision of the fact-finding court should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses." ( Claridge Gardens, Inc. v. Menotti, 160 AD2d 544, 544-545). We have considered and rejected appellant's remaining arguments.
This constitutes the decision and order of the court.