Greenburger v DeChristofano (2005 NY Slip Op 51811(U))

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Greenburger v DeChristofano

2005 NY Slip Op 51811(U) [9 Misc 3d 139(A)]

Decided on November 7, 2005

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 7, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DATED: November 7, 2005 OCTOBER 2004 TERM Suarez, P.J., Davis, Schoenfeld, JJ.
570417/04

Francis Greenburger, Petitioner-Appellant,

against

Michael DeChristofano, Respondent-Respondent.

Petitioner appeals from a final judgment of the Civil Court, New York County, entered on or about October 24, 2003 after a nonjury trial (Michelle D. Schreiber, J.) dismissing the petition in a summary holdover proceeding.

PER CURIAM:

Final judgment entered on or about October 24, 2003 (Michelle D. Schreiber, J.) affirmed, with $25 costs, for the reasons stated by Michelle D. Schreiber, J. at the Civil Court.

The evidence presented to the trial court amply supported its conclusion that the developmentally disabled respondent's relationship with the now departed tenant of record "involved a devoted cohabitation complete with sharing expenses and obligations . . ." and was that of a non-traditional family member as defined in the governing rent control regulations (see 9 NYCRR § 2204.6[d]; see also RHM Estates v Hampshire, 18 AD3d 326 [2005]).
This constitutes the decision and order of the Court.
Decision Date: November 07, 2005