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199 Misc. 841

Frankel v. McGordrick

New York Supreme Court

Decided April 19, 1951

New York Supreme Court · decided 1951-04-19

Cited by 1 later decisions — most recently January 1955

1 state decisions

Relies on Matter of Mounting Finishing Co. v. McGoldrick · Matter of Stracquadanio v. Dept. of Health

Good law ✅— No negative treatment on recordhow we know

Decided 1951-04-19

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Barters, J.

¶1Application by a tenant pursuant to article 78 of the Civil Practice Act for an order granting a review and annulment of the determinations of the local rent administrator and of the State Rent Administrator which granted a certificate of eviction to the landlord and denied the protest of the petitioner thereto.

¶2The sole question upon this application is whether the determination is arbitrary or capricious (Matter of Mounting & Finishing Co. v. McGoldrick, 294 N. Y. 104; Matter of Stracquidanio v. Department of Health of City of New York, 285 N. Y. 93; State Residential Rent Law, § 8, subd. 2).

¶3The basis of the application is that the hearings afforded petitioner were not full and complete “ judicial ” hearings. Neither the State Residential Rent Law (L. 1946, ch. 274, as amd.) nor the Rent and Eviction Regulations require the admin*842istrator to grant such a hearing; nor is there any requirement of a stenographic transcript. In fact, a hearing is not necessary for a determination by the administrator (Matter of Edmonds v. McGoldrick, N. Y. L. J., Mar. 20, 1951, p. 995, col. 1; Matter of Myers v. McGoldrick, N. Y. L. J., Mar. 13, 1951, p. 898, col. 5; State Residential Rent Law, § 7, renum. § 8 by L. 1951, ch. 443, eff. April 2,1951). Upon the record, the court is satisfied that the determination of the administrator was not arbitrary or capricious. Accordingly the application is denied and the proceeding is dismissed.

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