14-355. 206 WEST 104TH STREET LLC, pet-land-app, v. MIGUEL ZAPATA AND EDWARD CACERAS, res-ten-res, -andJEFF ZAPATA, res-und — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Michelle D. Schreiber, J.), entered June 16, 2014, insofar as appealed from, reversed, with $10 costs, respondent Jeff Zapata’s motion to amend his answer denied, and petitioner’s cross motion for summary judgment of possession granted. Issuance of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.
Respondent Jeff Zapata failed to raise a triable issue with respect to his proffered family member succession defense. The record evidence, including respondent’s own deposition testimony, conclusively established that although the record tenants, including respondent’s father, Miguel Zapata (“Miguel”), relocated to Puerto Rico in the early 1990s, Miguel continued to sign renewal leases, the most recent of which expired on August 31, 2006, and that rent was paid with money orders bearing the name of “M. Zapata” or “Zapata” through July 2006. Thus, Miguel “cannot be found to have permanently vacated the apartment at any time prior to the expiration of the last lease renewal on [August 31, 2006]” (Third Lenox Terrace Associates v. Edwards, 91 AD3d 532, 533 [2012]). On this record, and in the absence of any claim or showing that respondent “resided with” Miguel in the subject apartment during the two-year period immediately preceding Miguel’s permanent vacatur (Rent Stabilization Code [9 NYCRR] §2523.5[b][1]), respondent’s succession claim must fail (see Third Lenox Terrace Assoc. v. Edwards, 91 AD3d at 533).
