PER CURIAM

Landlord appealed from a final judgment dismissing the licensee holdover summary proceeding. The panel stated unless a determination could not have been reached under any fair interpretation of the evidence, the findings of fact should not be disturbed. In applying that standard, the panel stated the trial court's finding that Garcia qualified as a disabled person within the meaning of the Rent Stabilization Code succession provisions should not be disturbed. It ruled such finding was supported by a confidential Social Security Benefit information report indicating Garcia was diagnosed with personality disorders, received SSI benefits, and was disabled since July 1995. The panel found the trial court was warranted in crediting the evidence especially as landlord failed to adduce any evidence to the contrary. Hence, Garcia's succession claim was properly measured under the one-year co-occupancy requirements applicable to disabled persons, and as landlord did not challenge trial court's supported findings Garcia was the now-deceased tenant of record's granddaughter, and primarily resided in the apartment with her for one year before her death, it declined to disturb the decision that Garcia was entitled to succession rights, affirming the judgment.

PER CURIAM