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

*164Judgment, Supreme Court, New York County (Saralee Evans, J.), entered January 24, 2005, which, upon granting petitioner’s motion for reargument, adhered to an earlier determination denying the petition to annul respondent agency’s grant of the landlord respondent’s request for a certificate of eviction, unanimously affirmed, without costs. Appeal from judgment, same court and Justice, entered October 25, 2004, unanimously dismissed, without costs, as superseded by the appeal from the judgment of January 24, 2005.

“[N]o dwelling unit may be considered the primary residence of the…