Appeal from an order of the Civil Court of the City of New York, Kings County (Maria Milin, J.), dated April 3, 2007. The order granted tenant's motion to dismiss the petition in a holdover summary proceeding.

Order affirmed without costs.

In this owner-occupancy holdover proceeding (see Rent Stabilization Code [9 NYCRR] § 2524.4 [a]), landlords' notice of nonrenewal stated, in relevant part:
"[O]ne of the Landlord/Owners[] seeks to recover possession of the premises involved for the personal use and occupancy of the premises involved by a member of the Landlord/Owner's immediate family as their primary residence in the City of New [*2]York. Specifically, the underlying facts concerning the Landlord/Owner's desire to recover possession of the premises[] include, but are not limited to the following: (a) Richard Giancola is one of the Landlords/Owners of the building . . . in which the premises involved are located (hereinafter the Building'); (b) Richard Giancola seeks, in good faith, to recover the premises involved so that it can be occupied by his son, Robert Giancola, who is a member of his immediate family."

The court below granted tenant's motion to dismiss the proceeding, finding that this notice was inadequate because it was "devoid of any information tending to support the owner's good faith intention for seeking this particular premises."

For the reasons stated in Giancola v Middleton (___ Misc 3d ___, 2008 NY Slip Op ___ [App Term, 2d & 11th Jud Dists 2008], decided herewith), the order is affirmed.

Rios, J.P., and Pesce, J., concur.

Golia, J., concurs in a separate memorandum.

Golia, J., concurs in the result only, in the following memorandum:

Although I agree with the ultimate disposition reached by the majority, I wish to note that for the reasons stated in my dissent in Giancola v Middleton (___ Misc 3d ___, 2008 NY Slip Op ______, decided herewith), I do not agree with the majority's analysis that the notice of nonrenewal was defective.
Decision Date: August 19, 2008