Tenant appeals from an order of the Civil Court, New York County (Maria Milin, J.), dated February 10, 2006, which denied his motion for summary judgment dismissing the petition in a nonprimary residence holdover proceeding.

Per Curiam:

Order (Maria Milin, J.), dated February 10, 2006, affirmed, with $10 costs.

The rent controlled tenant's present challenge to the sufficiency of the notice of termination underlying this nonprimary residence holdover proceeding is raised for the first time on appeal, and thus is not properly before us (see Rocky 116 L.L.C. v Weston, 195 Misc 2d 363, 364-365 [2003]). In any event, the termination notice adequately set forth the ground for tenant's eviction, as well as the "facts necessary to establish the existence of such ground" (9 NYCRR 2204.3[b]) by specifying two alternate residences — one in Ramsey, New Jersey, and the other in Wurtsboro, New York — said to be used by tenant and by identifying various utility, telephone, and automobile-related documents issued to tenant listing those addresses. Nor is a basis for summary dismissal of the proceeding found in tenant's (unsubstantiated) assertion that the allegations set forth in the notice were "factually untrue" (see Rocky 116 L.L.C.v Weston, 195 Misc 2d at 365).

This constitutes the decision and order of the Court.
Decision Date: June 29, 2006