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MATTER OF HORNE v. WAMBUA

2012, 101134/13.

143 A.D.3d 605 (2016)

2016 NY Slip Op 06958

39 N.Y.S.3d 457

In the Matter of CLARENCE HORNE, Appellant, v. MATTHEW M. WAMBUA et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 25, 2016.

The determination denying petitioner succession rights to the subject apartment has a rational basis in the record and was made in accordance with lawful procedure (CPLR 7803). Petitioner failed to demonstrate that the apartment was his primary residence from the inception of his late wife's tenancy (less than two years before her death) and that he was listed on the income affidavit submitted during that time period (28 RCNY 3...

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