Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), entered March 25, 2011. The final judgment, after a nonjury trial, awarded possession to petitioner in a licensee summary proceeding.

ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment in favor of occupant dismissing the petition.

A fair interpretation of the evidence in this licensee summary proceeding (RPAPL 713 [7]) supports a finding that occupant met her affirmative obligation of establishing succession rights to the rent-stabilized apartment as a nontraditional family member of the deceased tenant. Viewing the totality of the relationship between occupant and the tenant of record, we find that the evidence adduced at trial established that the requisite emotional and financial commitment and interdependence existed (see Rent Stabilization Code [9 NYCRR] § 2520.6 [o] [2]; RHM Estates v Hampshire, 18 AD3d 326 [2005]; AFE Realty Corp. v Diamond, 7 Misc 3d 136[A], 2005 NY Slip Op 50783[U] [App Term, 2d & 11th Jud Dists 2005]; Roberts Ave. Assoc. v Sullivan, 2003 NY Slip Op 51091[U] [App Term, 1st Dept 2003]).

Accordingly, the final judgment is reversed and the matter is remitted to the Civil Court for the entry of a final judgment in favor of occupant dismissing the petition.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: August 21, 2013