Ferriolo v. Department of Housing Preservation & Development

— Determination of respondent Department of Housing Preservation and Development of the City of New York dated July 5, 1990, which granted a Certificate of Eviction, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [William J. Davis, J.], entered November 7,1990) is dismissed, without costs.

The apartment in dispute, subject to Mitchell-Lama — Private Housing Finance Law article II regulations, was leased to William Ames alone from 1981-1989. Although petitioner moved into…