Gronski v. Gabel

Appellate Division of the Supreme Court of New York

Gronski v. Gabel

22 A.D.2d 691, 253 N.Y.S.2d 348, 1964 N.Y. App. Div. LEXIS 3114

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 13, 1964

StatusPublished

This text of 22 A.D.2d 691 (Gronski v. Gabel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gronski v. Gabel, 22 A.D.2d 691, 253 N.Y.S.2d 348, 1964 N.Y. App. Div. LEXIS 3114 (N.Y. Ct. App. 1964).

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Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of the City Rent and Rehabilitation Administrator which denied the petitioner’s application for a certificate of eviction, the Administrator appeals (1) from an order of the Supreme Court, Kings County, made May 7, 1964 upon reargument, which annulled the determination and which directed issuance of the certificate; and (2) from an order of said court, made June 29, 1964 again upon reargument, which adhered to the original decision. Appeal from order of May 7, 1964 dismissed as academic, without costs. Such order was superseded by the subsequent order of June 29, 1964, granting reargument. Order of June 29, 1964 reversed on the law, without costs, and petition dismissed, without costs. The findings of fact below are affirmed. In our opinion, the Administrator’s determination had a reasonable basis and therefore should not have been annulled (see Matter of Friedman v. Weaver, 3 N Y 2d 123; Matter of Link v. Caputa, 10 A D 2d 882). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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In a proceeding pursuant to article 78 of the Civil Practice Act, to review a determination of the City Rent and Rehabilitation Administrator which denied the petitioner’s application for a certificate of eviction, the Administrator appeals (1) from an order of the Supreme Court, Kings County, made May 7, 1964 upon reargument, which annulled the determination and which directed issuance of the certificate; and (2) from an order of said court, made June 29, 1964 again upon reargument, which adhered to the original decision. Appeal from order of May 7, 1964 dismissed as academic, without costs. Such order was superseded by the subsequent order of June 29, 1964, granting reargument. Order of June 29, 1964 reversed on the law, without costs, and petition dismissed, without costs. The findings of fact below are affirmed. In our opinion, the Administrator’s determination had a reasonable basis and therefore should not have been annulled (see Matter of Friedman v. Weaver, 3 N Y 2d 123; Matter of Link v. Caputa, 10 A D 2d 882). Beldock, P. J., Ughetta, Kleinfeld, Hill and Rabin, JJ., concur.

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Bluebook (online)

22 A.D.2d 691, 253 N.Y.S.2d 348, 1964 N.Y. App. Div. LEXIS 3114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gronski-v-gabel-nyappdiv-1964.