Respondent Louis Covington appeals from an order of the Civil Court, New York County (Gerald Lebovits, J.), dated July 29, 2005, which granted petitioner's cross motion for summary judgment in a licensee holdover proceeding.

PER CURIAM:

Appeal from order (Gerald Lebovits, J.), dated July 29, 2005, is deemed to be an appeal from a final judgment (Gerald Lebovits), entered July 29, 2005, which awarded possession to petitioner, and so considered, final judgment affirmed, without costs.

Civil Court properly granted petitioner's cross motion for summary judgment since respondent Covington failed to raise a triable issue of fact as to whether he qualified as a "remaining family member" entitled to succeed to the tenancy of his deceased mother, the tenant of record (see New York City Housing Authority Management Manual, ch VII, §[E][1][a]). The record establishes that respondent moved in with his mother two months prior to her death in January 2004, without obtaining petitioner's written consent (see Matter of Jamison v New York City Hous. Auth., 25 AD3d 501 [2006]). Respondent conceded that he did not qualify as an "original tenant member" and failed to offer any evidence tending to show that petitioner knew of and implicitly approved of his presence in the apartment (see Matter of McFarlane v New York City Hous. Auth., 9 AD3d 289 [2004]). Inasmuch as respondent failed to make a "reasonable showing" that he was in the apartment with petitioner's knowledge or permission, and given his failure to pay use and occupancy after his mother's death, he was not entitled to an agency grievance hearing before commencement of the summary proceeding (see Matter of Henderson v Popolizio, 76 NY2d 972 [1990]).

We have considered respondent's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.
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Decision Date: July 14, 2006