Appellate Division of the Supreme Court of New York, 2004

Li v. Department of Housing Preservation & Development

Li v. Department of Housing Preservation & Development
Appellate Division of the Supreme Court of New York · Decided November 30, 2004
12 A.D.3d 315; 784 N.Y.S.2d 867; 2004 N.Y. App. Div. LEXIS 14437
Li v. Department of Housing Preservation & Development

Opinion of the Court

Determination of respondent agency, dated January 8, 2002, which authorized petitioner’s eviction, unanimously confirmed, the petition denied, and this proceeding (transferred to this Court by order of Supreme Court, New York County [Ronald A. Zweibel, J.], entered October 17, 2003) dismissed, with costs in favor of intervenor, payable by petitioner.

Petitioner failed to offer any evidence at the hearing that the apartment was his primary residence. Substantial evidence in the record supports respondent’s finding that it was not (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d *316176 [1978]). We have reviewed petitioner’s remaining arguments and find them without merit. Concur—Buckley, EJ., Williams, Lerner, Gonzalez and Sweeny, JJ.

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