Good morning:

Facts are as follows:

Mother owns a house.  15 years ago, Mother gifts the home to sons “A” and “B”.  Mother retains a life estate and currently resides in the house.  A and B pay the mortgage.  10 years ago, B moves into the house, and occupies the entire second floor.  B renovates the 2^nd floor, installing a kitchen, gas lines, electric, all without obtaining permits.  The house is zoned as a single family dwelling.  B agreed to apply to have it zoned as a mother daughter, but never followed through.

Mother and B no longer get along, and she wants to evict him and his family. 

Question:   What type of proceeding should be brought?  Is this an ejectment action?  Must it be brought in Supreme Court.  Is there a notice requirement?

Thank you. 

Steven H. Sewell, Esq.

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