Rahjou v. Rhea

Regardless of whether this proceeding was properly transferred to this Court (see CPLR 7804 [g]), we retain jurisdiction of it in the interest of judicial economy (see Matter of Sexton v Kelly, 95 AD3d 544 [1st Dept 2012]).

Petitioners failed to demonstrate that the tenant of record received written consent for them to reside in the subject apartment and that they were authorized occupants of the apartment for a one-year period before the tenant of record’s death. Thus, respondent’s decision to deny petitioners remaining family member status was not arbitrary and capricious (see Matter of…