| Delavan v Spirounias |
| 2006 NY Slip Op 50533(U) [11 Misc 3d 138(A)] |
| Decided on April 3, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from (1) an order of the Civil Court, New York County (Anthony J. Fiorella, Jr., J.), dated June 28, 2004, which, after a traverse hearing, denied his motion to dismiss an owner occupancy proceeding for lack of jurisdiction; and (2) two orders, same court (Joseph E. Capella, J.), dated July 20, 2004, which granted landlords' motion to discontinue the proceeding and which denied tenant's motion to consolidate the proceeding with a subsequently-commenced owner occupancy proceeding.
PER CURIAM:
Order (Anthony J. Fiorella, Jr., J.), dated June 28, 2004, affirmed, without costs, and orders (Joseph E. Capella, J.), dated July 20, 2004, affirmed, without costs.
The record supports the traverse court's determination that tenant was served with the predicate notice. We find no basis to disturb the court's findings of fact, which in large part turned on witness credibility (see Holtzer v Stepper, 268 AD2d 372 [2000]). We have considered and rejected tenant's remaining arguments.
This constitutes the decision and order of the court.
I concur I concur
Decision Date: April 3, 2006