Kaufman v. New York City Department of Housing Preservation & Development

Determination of respondent Department of Housing Preservation and Development (HPD), dated June 16, 2005, which, after hearing, granted respondent Mutual Development Houses, Inc.’s request for a certificate of eviction, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Kibbe F. Payne, J.], entered February 7, 2006), dismissed, without costs.

*258HPD’s determination that the apartment is not petitioner tenant’s primary residence is supported by substantial evidence, including…