While Appellate Term may have erred in retroactively applying the two year residency requirement of amended New York City Rent and Eviction Regulations (9 N.Y.CRR) § 2204.6 (d) (1) in determining whether respondent Licursi, a family member of the deceased tenant of record, qualified as a successor tenant (911 Alwyn Owners Corp. v. Estate of Rosenthal, 190 A.D.2d 621), the result was nevertheless correct, Licursi having failed to meet her burden of proving that she lived with the decedent in a manner "bearing some indicia of permanence or continuity" (829 Seventh Ave. Co. v. Reider, 67 N.Y.2d 930, 932-933). As found by Appellate Term, respondent maintained ownership of a house in White Plains, and filed her income tax return from, and registered to vote in, Westchester County throughout her claimed 18-month co-occupancy of the apartment (see, Goodhue House Co. v Bernstein, NYLJ, Dec. 7, 1981, at 14, col 3).
Concur — Milonas, J.P., Rosenberger, Kupferman and Ross, JJ.