TRIPODI v. RUDERSHAUSEN

Per Curiam.

The record shows that petitioner in good faith sought possession of the property for the use of herself and family.

A certificate having been issued herein the landlord was not required to give the notice prescribed by paragraph (1) of subdivision (d) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Fed. Reg. 13918).

The evidence does not warrant a finding that the tenant held over the expiration of the term for an additional year; but the subsequent payment of the monthly rent shows a monthly tenancy, and under the local law (Real Property Law, § 232-a) appellant was required to give thirty days' notice to terminate the tenancy.

The final order should be modified by dismissing the proceeding without prejudice to a new proceeding upon giving the appropriate notice, and as modified affirmed, without costs.

HAMMER, SHIENTAG and HECHT, JJ., concur.

Order modified, etc.