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IN RE APPLICATION OF DARRYL DAVIS, Petitioner, FOR A JUDGMENT, etc., v. RUBEN FRANCO, etc., Respondent.

Respondent's finding that petitioner is not a remaining family member has rational support in the undisputed fact that petitioner did not obtain the written approval required by respondent's Management Manual (ch VII [E][1][a]) before moving into his sister's apartment. It does not avail petitioner that he continued to live in the apartment after his sister's belated request for approval was denied (see, Matter of Kolarick v. Franco, 240 A.D.2d 204). That denial was not contested and any challenge thereto is time-barred. We have considered petitioner's other arguments and find them unpersuasive.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE DAVIS v. FRANCO
(Mar 9, 2000)