[*1]
Williams v Clunis
2008 NY Slip Op 50514(U) [19 Misc 3d 128(A)]
Decided on March 7, 2008
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 7, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2006-1272 K C.

Kenneth Williams, Respondent,

against

Rosalind E. Dance Clunis, Appellant, -and- Steven Clunis, Occupant.


Appeal from a final judgment of the Civil Court of the City of New York, Kings County, (Marina Mundy, J.), dated February 28, 2006. The final judgment, insofar as appealed from, after a nonjury trial, awarded possession to petitioner as against occupant Rosalind E. Dance Clunis in a licensee summary proceeding.


Final judgment affirmed without costs.

In this licensee summary proceeding (RPAPL 713 [7]), the court below properly concluded that petitioner established a prima facie case that occupant-appellant Rosalind E. Dance Clunis was a licensee whose license had been terminated and that the occupants' testimony, even if fully credited, failed to establish a defense to the proceeding. Contrary to occupant-appellant's contention, the record indicates that she was afforded a fair and impartial trial. Accordingly, the final judgment, insofar as appealed from, is affirmed.

Pesce, P.J., Weston Patterson and Rios, JJ., concur.