Practice point: There is no right to succeed to an apartment, absent a showing that the unit was petitioner's primary residence for the required time period.
Students should note that, although petitioner offered evidence that he lived in the apartment, he did not offer evidence in proper form, such as a notice of change or income affidavits,
establishing that he lived there for two years prior to the tenant of record's death.
The case is Matter of Cognata v. New York State Dept. 2011
Tomorrow's issue is preclusion orders.
