Moschitto v. McGoldrick

Appellate Division of the Supreme Court of New York

Moschitto v. McGoldrick

283 A.D. 1084, 131 N.Y.S.2d 911, 1954 N.Y. App. Div. LEXIS 6388

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

DecidedJune 14, 1954

StatusPublished

This text of 283 A.D. 1084 (Moschitto v. McGoldrick) 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

Moschitto v. McGoldrick, 283 A.D. 1084, 131 N.Y.S.2d 911, 1954 N.Y. App. Div. LEXIS 6388 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an article 78 proceeding to review a determination of the State Rent Administrator denying an application for a certificate of eviction, petitioner appeals from an order dismissing the petition. Petitioner, the owner of a two-family house and the occupant of one apartment therein seeks to obtain the other apartment for occupancy by his daughter, her husband and infant child. Respondent denied the application on the ground that petitioner had not established immediate and compelling necessity, without prejudice to another application on the birth of another child to petitioner’s daughter, but refused to consider the daughter’s pregnancy. Order reversed, without costs, and matter remitted to respondent for further consideration. The remission is made in aecordanace with respondents’ request for an opportunity to give further consideration to the application for a certificate in the light of the birth of another child to petitioner’s daughter. Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.

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In an article 78 proceeding to review a determination of the State Rent Administrator denying an application for a certificate of eviction, petitioner appeals from an order dismissing the petition. Petitioner, the owner of a two-family house and the occupant of one apartment therein seeks to obtain the other apartment for occupancy by his daughter, her husband and infant child. Respondent denied the application on the ground that petitioner had not established immediate and compelling necessity, without prejudice to another application on the birth of another child to petitioner’s daughter, but refused to consider the daughter’s pregnancy. Order reversed, without costs, and matter remitted to respondent for further consideration. The remission is made in aecordanace with respondents’ request for an opportunity to give further consideration to the application for a certificate in the light of the birth of another child to petitioner’s daughter. Nolan, P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 1084, 131 N.Y.S.2d 911, 1954 N.Y. App. Div. LEXIS 6388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moschitto-v-mcgoldrick-nyappdiv-1954.