Appeal from an order of the Civil Court of the City of New York, Kings County (Kimberly Slade Moser, J.), entered March 22, 2012. The order, insofar as appealed from and as limited by the brief, denied a motion by tenant Ligia Barreto and occupant David Chin, sued herein as "John Doe," to dismiss the petition in a holdover summary proceeding.

ORDERED that so much of the appeal as was purportedly taken by tenant Ligia Barreto is dismissed; and it is further,

ORDERED that the order, insofar as reviewed, is affirmed, without costs.

So much of the appeal as was purportedly taken by tenant Ligia Barreto is dismissed, as the notice of appeal filed on her behalf by occupant David Chin, Esq., was filed after Chin had [*2]been disqualified from representing her. We note, in any event, that the purported appeal by Ligia Barreto has not been perfected and would otherwise have been dismissed as abandoned.

So much of the motion to dismiss the holdover petition as was made by occupant Chin, sued herein as "John Doe," was properly denied. Chin's argument that jurisdiction is lacking because copies of the predicate notices and of the petition and notice of petition were not served upon tenant at her address in Brazil is without merit, as Chin lacks standing to assert these challenges (see Home Sav. of Am. v Gkanios, 233 AD2d 422, 423 [1996]; Chelsea 139, LLC v Saunders, 32 Misc 3d 140[A], 2011 NY Slip Op 51572[U] [App Term, 1st Dept 2011]; Cadman Towers, Inc. v Barry, 31 Misc 3d 127[A], 2011 NY Slip Op 50452[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). We note, in any event, that, contrary to Chin's assertion that RPAPL 735 governs the service of the predicate notices to cure and to terminate, service of those notices was governed solely by the rental agreement between the parties, and Chin has not shown that landlord failed to comply with the rental agreement's notice provision.

Accordingly, the order, insofar as reviewed, is affirmed.

Rios, J.P., Pesce and Solomon, JJ., concur.
Decision Date: November 29, 2013