Opinion
No. 571119/13.
2014-11-3
LOS TRES UNIDOS ASSOCIATES, LP., Petitioner–Appellant, v. Luis COLON, Respondent–Respondent.
Petitioner appeals from a final judgment of the Civil Court of the City of New York, New York County (Cheryl J. Gonzales, J.), entered on or about October 7, 2013, after a nonjury trial, in favor of respondent dismissing the petition in a holdover summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, LING–COHAN, JJ. PER CURIAM.
Final judgment (Cheryl J. Gonzales, J.), entered on or about October 7, 2013, affirmed, with $25 costs, for the reasons stated by Cheryl J. Gonzales, J. at Civil Court.
The record shows and it is essentially undisputed that respondent Luis Colon resided with his mother, the record tenant, in this Section 8 “project based” apartment for more than a decade preceding the tenant's death in October 2011. Under such circumstances, respondent was entitled to continuation of the “project-based” Section 8 subsidy. The absence of respondent's name on family composition statements was not fatal to his succession claim otherwise established by the trial evidence ( see Matter of Manhattan Plaza Assocs. v. DHPD, 8 AD3d 111 [2004]; 2013 Amsterdam Ave. Hous. Assoc. v. Estate of Wells (10 Misc.3d 142[A], 2006 N.Y. Slip Op 50084[U] [App Term, 1st Dept 2006] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.