Vesky v. Antunez

*247OPINION OF THE COURT

Final judgment dated April 7, 2000 reversed, with $25 costs, final judgment of possession is granted to petitioner and the matter is remanded to the court below for a hearing to determine use and occupancy due petitioner.

The record evidence does not support application of the illusory tenancy doctrine. Respondent paid $3,000 to the record tenant to take over the stabilized apartment, and then participated in a scheme to conceal his occupancy from petitioner by tendering rent with money orders in the departed tenant’s name for three months until petitioner ceased cashing…