Appeal by occupant from a final judgment of the Civil Court, Kings County (M. Sikowitz, J.), entered February 2, 2004, awarding possession to landlord.

Final judgment unanimously affirmed with $25 costs.

In a proceeding brought pursuant to RPAPL 713 (5), there is no requirement that a petition state whether the premises is a multiple dwelling (Administrative Code of City of NY § 27-2107 [b]; Uniform Rules for the New York City Civil Court [22 NYCRR] §
208.42 [g]; Greenpoint Sav. Bank v Fusco, 163 Misc 2d 648 [1994]). Moreover, this court has recently held that, even in an RPAPL 711 proceeding, the absence of a multiple dwelling registration is not a bar to the recovery of possession in non-rent based proceedings, although, in such absence, the recovery of rent and use and occupancy remains precluded (Czerwinski v Hayes, ___ Misc 3d ___, 2005 NY Slip Op 25121). Thus, even assuming that the statement in [*2]the petition that the building is not a multiple dwelling was erroneous, this would afford no basis for denying landlord a final judgment of possession. We have examined occupant's other contentions and find them to be without merit.
Decision Date: April 29, 2005