GOLDEN MOUNTAIN REALTY INC., pet-app, v. ABRAHAM SEVERINO, res-res

570988/12. GOLDEN MOUNTAIN REALTY INC., pet-app, v. ABRAHAM SEVERINO, res-res — 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 — Final judgment (Sabrina B. Kraus, J.), entered on or about August 23, 2013, affirmed, with $25 costs.

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570988/12. GOLDEN MOUNTAIN REALTY INC., pet-app, v. ABRAHAM SEVERINO, res-res — 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 — Final judgment (Sabrina B. Kraus, J.), entered on or about August 23, 2013, affirmed, with $25 costs.

The trial court’s fact based determination that respondent met his affirmative obligation to establish succession rights to the subject rent controlled tenancy (see New York City Rent and Eviction Regulations [9 NYCRR] §2204.6[d]), represents a fair interpretation of the evidence (see 318 E. 93, LLC v. Ward, 276 AD2d 277 [2000]). The evidence produced at trial supports a finding that respondent moved into the apartment in 2005, following his divorce, in order to reside with his father, Manuel, and that respondent resided there as a primary resident for the requisite two-year period immediately prior to Manuel’s death in 2011 (see Rent and Eviction Regulations [9 NYCRR] §2200.2[o]). The trial court was warranted in crediting the testimony of respondent’s witnesses as to the relevant periods of occupancy, specifically noting petitioner’s failure to contradict the testimony (see 300 East 34th St. Co. v. Habeeb, 248 AD2d 50 [1997]; Morton St. Assoc. v. Volpe, 19 Misc 3d 126[A], 2008 NY Slip Op 50483[U] [App Term, 1st Dept 2008]).

GOLDEN MOUNTAIN REALTY INC., pet-app, v. ABRAHAM SEVERINO, res-res

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