"These cases seemingly show that occupancy due to familial relationship does not constitute a licensee agreement as intended by RPAPL 713 (7). There are various forms of family relationships ranging from spousal, parent and child, and even nonmarried couples. They are unique and thus should not be terminated through summary proceedings, which tend to be speedy. Instead, more appropriate avenues must be taken such as ejectment actions or proceedings in Family Court." (Id. at 399.)
Finally, in dismissing the proceeding the court held, citing the Braschi case, that "[p]rotections against sudden eviction should {**40 Misc 3d at 634}not be determined by genetic history, but should instead be based on the reality of family life" (id.). The Appellate Term's decision in Sears v Okin (16 Misc 3d 134[A], 2007 NY Slip Op 51510[U] [2007]) is clearly distinguishable because the court found that the respondent's right to occupy the premises had expired pursuant to the terms of a Family Court order. Likewise, the case of Landry v Harris (18 Misc 3d 1123[A], 2008 NY Slip Op 50174[U] [2008]) is also distinguishable from the case at bar. In that case, the respondent's motion to dismiss was denied as there were issues of fact as to whether in fact the parties actually lived together as a "family." Nevertheless, the court went on to note: