In Jols Realty Corp v. Nunez [43 Misc3d 129[A], 2014 NY Slip Op 50529[U]] the proceeding was dismissed after trial, based on the court's finding that the nephew of the tenant had established the right to succeed as a nontraditional family member. The Appellate Term reversed holding that because the tenant moved out in 2005, but continued to execute renewals through 2011, and the rent continued to be paid in the name of the tenant, the nephew could not establish they resided together for the two years prior to tenant's permanent vacate date.