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ALH PROPERTIES ELEVEN LLC., pet-ap, v. VEJARANO, res, VICTOR VEJARANO, res-res, “John Doe” and/ or “Jane Doe,” res

11-278. ALH PROPERTIES ELEVEN LLC., pet-ap, v. VEJARANO, res, VICTOR VEJARANO, res-res, "John Doe" and/ or "Jane Doe," res — Order (Michelle D. Schreiber, J.), dated March 4, 2011, modified to extend discovery to the period commencing February 1, 2001, and limit the production of item 3 to redacted prison intake records; as modified, order affirmed, without costs.

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11-278. ALH PROPERTIES ELEVEN LLC., pet-ap, v. VEJARANO, res, VICTOR VEJARANO, res-res, “John Doe” and/ or “Jane Doe,” res — Order (Michelle D. Schreiber, J.), dated March 4, 2011, modified to extend discovery to the period commencing February 1, 2001, and limit the production of item 3 to redacted prison intake records; as modified, order affirmed, without costs.

There is no dispute that petitionerlandlord is entitled to discovery in connection with the occupancy issues raised by respondent Victor Vejaranos succession claim. With respect to the relevant period of inquiry, we believe discovery’ should extend back to February 1, 2001, a commencement date which will enable petitioner to effectively ascertain whether respondent primarily resided in the subject rent controlled apartment with the record tenant (respondent’s mother) not only for the two-year period prior to the tenant’s permanent vacatur in or about July 2004, but also at the beginning of respondent’s incarceration in February 2002, the latter of critical importance in assessing the bona fides of respondent’s succession defense (see generally 315 E. 72nd St. Owners, Inc. v. Siegel, 22 Misc 3d 10 [2008]). We agree with the motion court that item 3 of petitioner’s document demand was overbroad, and have limited it accordingly.

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