termination notice and notice of intention not to renew his lease. The notice indicated Petitioner
sought to recover possession of the Subject Premises for personal use and occupancy by himself
and his family members as their primary residence. Respondent did not vacate the Subject
Premises and remains in possession.
Petitioner resides in the building with his family and they occupy all portions of the
building other than the Subject Premises. Petitioner seeks to expand the living space for himself
and his family is entitled to maintain this proceeding in accordance with the 2001 Stipulation
(Exhibit D to moving papers).
Petitioner submits an affidavit in support of the motion. Petitioner currently resides
on the top three floors of the subject building with his wife, Melissa Dribble, his son, Ben Evans
and his wife's two minor children, who are ten and twelve years of age (Marriage certificate for
Petitioner and his wife annexed as Exhibit Q to moving papers). Petitioner states that he wishes
to enlarge his family residence, and in particular he wishes to provide his wife's minor children
with their own bedroom. Petitioner has no access to the garden, and only limited access to the
basement, due to Respondent's occupancy. Petitioner has lived in the Subject Building since
2006 with his family and has no other residence. Petitioner owns a vacation home and an
investment property overseas. Petitioner is a permanent resident of the United States pursuant to
a Green Card issued in 2010 (Exhibit P to moving papers).
The motion is also supported by the affidavit of Petitioner's wife, Melissa Dribble.
Ms. Dribble confirms that she and her husband have lived at the subject building with their