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MIA TERRA REALTY CORP., pet-land-res, v. PRISCILLA SLOAN A/K/A PRISCILLA DICK, res-tent-AND- MAX MOSLER, res-und-app

17-148/149. MIA TERRA REALTY CORP., pet-land-res, v. PRISCILLA SLOAN A/K/A PRISCILLA DICK, res-tent-AND- MAX MOSLER, res-und-app — Amended final judgment (Jean T. Schneider, J.), entered on or about November 28, 2016, affirmed, with $25 costs. Appeal from final judgment (Jean T. Schneider, J.), entered on or about November 7, 2016, dismissed, without costs, as academic.

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17-148/149. MIA TERRA REALTY CORP., pet-land-res, v. PRISCILLA SLOAN A/K/A PRISCILLA DICK, res-tent-AND- MAX MOSLER, res-und-app — Amended final judgment (Jean T. Schneider, J.), entered on or about November 28, 2016, affirmed, with $25 costs. Appeal from final judgment (Jean T. Schneider, J.), entered on or about November 7, 2016, dismissed, without costs, as academic.

A fair interpretation of the evidence supports the trial court’s finding that respondent-undertenant failed to meet his “affirmative obligation” of establishing succession rights to the rent stabilized apartment as a nontraditional family member of the tenant. The record shows, and indeed the parties stipulated, that tenant vacated the apartment in 2006. Tenant, however, continued to execute renewal leases for the apartment extending through 2014 and rent was paid with checks in tenant’s name during that time. On these facts, the trial court correctly concluded that tenant cannot be found to have permanently vacated the apartment at any time prior to the expiration of the last lease renewal on August 31, 2014 (see Third Lenox Terrace Assoc. v. Edwards, 91 AD3d 532, 533 [2012]). Since undertenant did not “reside with” tenant in the subject apartment during the two-year period immediately preceding tenant’s permanent vacatur, undertenant’s succession claim must fail (see Third Lenox Terrace Assoc. v. Edwards, 91 AD3d at 533).

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