On September 20, 2012 petitioner had respondent served with a 10-day notice to quit and on January 17, 2013 petitioner had respondent served with the instant notice of petition and petition seeking to evict the respondent alone pursuant to RPAPL 713 (7) on the grounds that she is a mere licensee whose license{**40 Misc 3d at 629} to occupy the premises has been revoked. The respondent alleges she is a family member not subject to eviction in a summary proceeding brought pursuant to RPAPL 713 (7). In Family Court on February 15, 2013 petitioner obtained a (refrain) order of protection against the respondent and the respondent obtained a similar order of protection against her husband, Amit Kakwani, the petitioner's brother. The matter was tried before this court on April 2, 2013 and the above facts established. On April 30, 2013 briefs were submitted and the case is now ready for decision.
The Law
RPAPL 713 entitled "Grounds where no landlord-tenant relationship exists" provides in relevant part as follows:
"A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds: . . .
"7. He is a licensee of the person entitled to possession of the property at the time of the license, and (a) his license has expired, or (b) his license has been revoked by the licensor . . . ."