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

Determination of respondents, dated December 23, 2013, issuing a certificate of eviction upon a finding that the apartment at issue was not petitioner’s primary residence, 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 [Paul Wooten, J.], entered June 13, 2014), dismissed, without costs.

Substantial evidence supports respondents’ determination that the subject apartment was not petitioner’s primary residence (see Matter of Pell v Board of Educ. of Union Free School Dist.…