Mallay v. New York City Housing Authority

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered November 30, 2012, which denied the petition brought pursuant to CPLR article 78, seeking to annul respondent’s determination dated November 30, 2011, denying petitioner succession rights, as a remaining family member to the subject apartment, and dismissed the proceeding, unanimously affirmed, without costs.

Petitioner did not sustain his burden of establishing entitlement to succession rights as a remaining family member to the apartment held by his deceased fiancé. The record demonstrates that his occupancy was not…